The class action case, filed Tuesday in Alameda County court, is being brought on behalf of more than 350,000 policyholders.
Cathedral City firefighter Russ Barsness puts water on a structure at the Meadowood Napa Valley resort during the Glass Fire in St. Helena, Calif., on Monday, Sept. 28, 2020. The Glass Fire destroyed 308 homes and 343 commercial buildings. California homeowners are suing the FAIR Plan, the state’s last option for those needing fire insurance, accusing it of failing to provide the legally required coverage for smoke damage.
“This is really a health and safety question,” Schaffer said. “These people are being told to go back into homes that are unsanitary and unsafe.” In court filings, plaintiffs in the class action suit cite the report as evidence to support their claim that the FAIR Plan is breaking the law. Moreover, they argue the FAIR Plan misled regulators when it got approval in 2017 to update its policies to cover only “direct physical damage” caused by smoke, such as charred curtains or permanently ash-stained walls.
The state created the FAIR Plan in 1968 to provide fire coverage for only the very riskiest homes that insurers wouldn’t touch. But following a string of destructive fires starting in 2017, providers ended coverage for hundreds of thousands of California policyholders in fire-risk areas, causing the number of homeowners forced onto the exorbitantly expensive FAIR Plan to more than double.
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