A Shift in Smoke Damage Claims Following Recent Holding
California wildfire attorneys are closely analyzing a recent appellate court holding that sets a new precedent for smoke damage claims.1 The decision, stemming from a case involving the Saddle Ridge Fire, clarifies that property owners must demonstrate a distinct, demonstrable, and physical alteration to prove a smoke-related insurance claim. This ruling will have major implications for homeowners and business owners affected by the recent Los Angeles wildfires and future wildfire claims.
The New Standard for Smoke Claims
The key takeaway from the case is that the mere presence of smoke, ash, or soot does not automatically qualify as property damage. The court emphasized that unless wildfire debris causes a lasting alteration to surfaces—such as corrosion or staining—insurers are not obligated to cover claims. The plaintiff policyholders in the case received compensation for cleaning services they never used and attempted to claim additional damages, but the court ruled in favor of the insurer, citing a lack of physical damage evidence.
This holding raises significant concerns about how wildfire attorneys and property owners will approach future claims. How can policyholders prove that smoke has caused a persistent, irreparable impact rather than a temporary nuisance that can be wiped away?
Proving Smoke Damage Under the New Standard
The court ruling underscores the importance of scientific evidence to establish physical damage. Experts in environmental science, industrial hygiene, and material engineering must now answer key questions:
- What evidence can demonstrate that smoke caused a distinct and lasting alteration to a property?
- How can claimants prove that the damage is persistent rather than something that can be easily cleaned?
- What level of cleaning qualifies as “easily wiped away” under this standard?
- Should the industry revise testing and sampling to include more than soot, char, and ash?
California wildfire attorneys, public insurance adjusters, fire damage hygienists, and fire damage restoration professionals must work together to develop new methodologies to prove damage in wildfire claims. Otherwise, this new case precedent may result in no insurance coverage.
How Insurance Companies Will Respond
Insurance companies will likely use this ruling to deny or reduce payments for smoke damage claims. The court’s decision reinforces insurers’ ability to argue that if smoke and ash can be easily cleaned and removed without permanent effects, then no coverage is provided. This case clearly changes the manner in which even the insurance industry treated smoke, soot, and ash claims.
Wildfire attorneys must anticipate that insurers will increasingly demand greater scientific proof of damage rather than accepting surface-level contamination as a covered loss. Homeowners affected by the recent Los Angeles wildfires should prepare for tougher claim battles under this new legal precedent.
Moving Forward: A New Legal Landscape for Wildfire Claims
This holding sets a clear precedent that wildfire smoke damage claims require more than just contamination, which can easily be removed—there must be physical property damage that is demonstrable and lasting. Wildfire attorneys specializing in these smoke, soot, and ash claims will need to refine legal strategies and collaborate with scientific experts to meet this new burden of proof.
For property owners, documenting damage thoroughly and obtaining professional assessments will be crucial. As this legal standard evolves, California wildfire attorneys will continue to fight for fair treatment of homeowners facing the devastating impact of wildfires. However, the days of insurers simply paying for the removal of smoke, soot, and ash residue seem to be in doubt following this decision.
Thought For The Day
“When the facts change, I change my mind. What do you do, sir?”
—John Maynard Keynes
1 Gharibian v. Wawanesa Gen. Ins. Co., No B325859, — Cal.Rptr.3d —, 2025 WL 426092 (Cal. App. 2nd Dist. Feb. 7, 2025).
