California FAIR Plan Insurance Litigation: July Update
Kerley Schaffer LLP, together with Edelson PC, continues its aggressive pursuit of justice in our litigation against the California FAIR Plan. This case is critical to ensuring policyholders receive fair treatment and full access to their claim records. Below, we’ve outlined recent legal developments, survey participation reminders, and available health-related support for wildfire survivors.
Current Status of the Fair Plan Litigation
We’re preparing for the first case management conference, scheduled for July 11th. This hearing will define the procedures for managing claims against the California FAIR Plan and its member insurers.
Our legal team recently filed a complaint focusing on a specific but crucial issue: FAIR Plan’s ongoing refusal to provide claim-related documents—including adjuster photos and inspection reports—that policyholders are legally entitled to access.
We will soon ask the Court to issue a preliminary injunction, requiring the FAIR Plan to release these documents immediately. These records are essential for understanding how property damage was evaluated and how claim payments were determined—making them indispensable for challenging underpaid insurance claims.
The Los Angeles Times has already covered this important development, highlighting the broader public concern around transparency in FAIR Plan operations.
Free Soil Testing Programs Now Available
While soil contamination does not affect your insurance claim value, it may be important for your health and your family’s well-being. Two free soil testing programs are now open to affected homeowners:
1. Eaton Fire Soil Testing Program
If your property is just outside the Eaton Fire burn area in LA County, you may qualify for free soil testing to detect elevated contamination levels.
➡️ Learn more and check eligibility
2. USC CLEAN Program
This program is available to all Los Angeles area residents impacted by recent wildfires. USC’s Earth Sciences department is testing for lead contamination at no cost.
➡️ Learn more and register
Once your results are in, upload them using your survey link. If you need help locating it, email our team for assistance.
About the New York Times Wildfire Survey
The New York Times is conducting a separate survey on how homeowners were treated by their insurers after the LA wildfires. While this survey is not required, we have received some inquiries about it.
If you choose to respond, make sure your answers are honest and accurate. These survey responses may be discoverable in litigation—which means the defendants could request access to them—so please avoid overstating or downplaying your experience.
When in doubt, feel free to reach out to us before completing the survey.
We’re Here for You
Thank you again for your trust in our team. We’re working diligently to hold the California FAIR Plan and its affiliated insurers accountable and to support every policyholder affected by unfair insurance practices.