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Insurance Commissioner in California Acts on ‘FAIR Plan’ — Three Years Overdue

Insurance Commissioner in California Acts on 'FAIR Plan' -- Three Years Overdue

California’s insurance commissioner, Ricardo Lara, announced on Thursday that he is taking steps against a so-called “fair plan” that offers insufficient compensation for fire damage.

The Fair Plan operates as California’s “last resort” insurance option, providing fire coverage for residents who cannot secure insurance through conventional avenues. Unfortunately, this plan frequently offers minimal coverage, leaving homeowners under-compensated for their losses.

The rules surrounding the Fair Plan are so challenging and its processes so unclear that many homeowners have dubbed it the “Un-Fair Plan.”

In recent years, numerous homes in California’s fire-prone regions have been pushed into these plans. States permit insurers to hike rates as risk rises, creating an environment where doing business becomes nearly untenable—this is due, in part, to climate change or simply inadequate risk management.

Lara revealed that following the Pallisard and Eton fires in January, he has issued a “causal order” regarding the Fair Plan, prompted by complaints about a pattern of dismissing smoke damage claims based on inadequate definitions of permanent physical damage.

In a statement reacting to Lara’s announcement, the Eton Fire Survivor Network said:

Commissioner Lara’s own press release indicates that his examination of Fair Plan market behavior was finished in 2022.

This delay resulted in real consequences. Survivors of the Eton and Pallisade fires faced unnecessary hardships due to the denial of smoke damage claims, as Lara couldn’t act on his findings in a timely manner.

This underscores the necessity for him to complete and implement the state’s market exams—especially ahead of an approved interest rate increase of $1 billion.

Smoke damage arises from severe fire smoke exposure, which often carries contaminants, leaving residues that can’t be easily cleaned, thus rendering items unsafe or unusable.

A fire-resistant home may sustain smoke damage that necessitates the removal of contents, including drywall, flooring, insulation, and other materials, followed by extensive interior repairs.

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