The class action case, filed Wednesday 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 lawsuit 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 received 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 FAIR Plan is not a homeowner’s policy,” Cassidy said. He added FAIR Plan policyholders can buy additional “difference in conditions” insurance to ensure they’re fully covered for smoke damage. Meanwhile, some of the largest insurers, including State Farm and Allstate, stopped writing new policies anywhere in the state, even as they’ve hiked rates for current policyholders and areworking on a plan
In the greater Bay Area, the state would require insurers to write more policies in Marin, Napa and Santa Cruz counties, as well as parts of San Mateo and Sonoma counties and a sliver of Santa Clara County. Insurers would also have to offer new policies for fire-risk homes in more urban areas such as the Oakland Hills and Los Gatos.
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