Our hearts go out to those affected by the wildfires. We wanted to share some information in case it is helpful to you and yours:
Specifically, please find some useful information and hyperlinks to and PDFs of Insurance Commissioner Notices:
Those with losses from the fires will need to make insurance claims. Insurance policies include compensation to help rebuild or repair the structures of the house. These coverages also commonly include compensation to replace the contents and personal property that has been lost. Coverages commonly include compensation for the “loss of use,” i.e., to help pay for replacement housing while the insureds figure out what to do next.
Gather all insurance policies so that the coverages available can be identified and claims for that coverage made correctly and timely. Insurance policies are like any other contract; however, insurance policies are also highly regulated by the State of California. That state regulation means that while an insurance policy may say one thing about what coverages exist, there are statutes, regulations, and case law that may prohibit an insurance company from enforcing an exemption or exception to coverage or that may require certain coverages to be provided even if not otherwise explicitly stated in the policy/contract. The following are some basic things that are important to know.
Some of the more important statutory protections where, as here, a state of emergency has been declared include:
Living Expenses for 4 months must be paid upfront.
Contents of the House (Furniture and such Personal Property) must be paid, up to 30% of dwelling coverage but not more than $250,000, without an inventory being required, and more is available up to claims limits in the policy with an inventory.[1]
The provisions referenced above, for additional living expenses and the contents/personal property, along with several other very helpful protections for insureds, are explained in easily understandable detail by the California Insurance Commissioner’s office in its Annual Notice for 2025, dated January 9, 2025, which can be found here when you click the following hyperlink:
The Insurance Commissioner issued a helpful Notice in response to this Disaster, also dated January 9, 2025, known as Notice 2025-01, which is found at the following link if you click below:
Further, the Commissioner’s Annual Notice for 2024 is provided here because it is referenced in Notice 2025-01. Click on the following link:
Ins Comm Annual Notice January 2024
We suggest you print out each Notice if you have a printer available. They are not very long, and sometimes that is easier to read.
Please do not hesitate to reach out with questions or concerns. We’ll answer what we can and/or do our best to refer you to those who may be able to help if that is appropriate. Feel free to share this with friends and family.[2] Our goal is to be a resource for you during this trying time.
[1] At some point the insurance carrier will need a list of contents of the home or business that have been destroyed or damaged. Fortunately, as you will see in the Notices referenced above, it can be done by “category” when there is a declaration of emergency. So, if a video recording and/or photographs of the contents of the home or business is available then of course secure that safely to provide that to the insurance carrier. Another practical suggestion is to, right now while memories are freshest, visualize each room of the home or business and write down what is “seen” in the mind’s eye. For example, the playroom had a 6-foot couch, 4 chairs, a painting on the south wall depicting a lake, etc.
[2] Disclaimer: Please note that information provided in this way may or may not be applicable to your exact situation, and should therefore not be considered completely reliable unless and until you confirm its accuracy and applicability with a lawyer that you retain. Whether that lawyer is someone in our law firm or someone else you retain for that purpose is your choice. A lawyer is only retained in a writing signed by the parties to that agreement, thus communications like this one do not establish an attorney – client relationship. Also, in a disaster like this one the laws and rules can change rapidly and the information on this website may become outdated for that reason.