Toxic Wildfire Residue and Insurance Rights
Toxic Metals After Wildfires: What California Homeowners Need to Know About Beryllium Exposure and Insurance Coverage. A hidden health hazard is emerging in the aftermath of California wildfires—and insurers are failing to address it.
When wildfires tear through California neighborhoods, the damage doesn’t end with the flames. In the wake of the Eaton and Palisades Fires, dozens of homes that survived the blaze are now testing positive for beryllium, a toxic metal that can cause life-threatening illness when inhaled in even minute amounts.
As wildfire litigation attorneys and homeowner advocates, we at Kerley Schaffer LLP are closely monitoring this alarming development. Insurance companies may be downplaying or denying valid claims, leaving families exposed to invisible contaminants and unsafe living conditions.
What Is Beryllium—and Why Is It Dangerous?
Beryllium is a lightweight, rigid metal used in aerospace, electronics, and industrial tools. While harmless in its solid form, it becomes a serious health risk when heated—such as during a wildfire—and transformed into microscopic particles. These particles can be inhaled deep into the lungs, triggering chronic beryllium disease (CBD) or even cancer.
The levels now being detected in post-wildfire homes are well above federal safety thresholds for workplace equipment—but no similar guidelines exist for private residences. This regulatory gap is putting California homeowners at risk.
Elevated Contamination After the Eaton Fire
In Los Angeles County, independent testing in homes near the Eaton Fire perimeter revealed:
Beryllium in nearly half of tested homes
Levels exceeding federal safety limits for surface contamination
Additional toxins including lead, arsenic, cyanide, and asbestos
The shocking part? Many of these tests were paid for out-of-pocket by concerned residents after insurance-funded testing failed to look for metals like beryllium.
“You really are looking at 24/7 exposures,” said Paul Wambach, a retired Department of Energy hygienist. “I’d be worried.”
Insurers Downplay Testing and Cleanup Needs
Despite mounting evidence, insurance companies have allegedly denied or delayed remediation, dismissed homeowners’ test results, or insisted on using preferred vendors who fail to test for or clean toxic metals properly.
In several cases, families have been pressured to move back into contaminated homes—without proper testing or abatement. Others report insurers refusing to pay for the removal of soft goods like couches, clothes, and carpets, even when expert reports call them unsafe.
This is a bad faith insurance practice—and it may entitle homeowners to legal remedies.
Know Your Rights: Wildfire Smoke Contamination Claims
If your home survived a wildfire but was exposed to smoke or ash, you may still be entitled to coverage under your homeowners insurance policy. This includes:
Thorough testing for hazardous metals and toxins
Professional cleaning using industry-approved safety protocols
Replacement of contaminated furnishings and soft goods
Loss of use coverage while your home remains unsafe to inhabit
If your insurer refuses to test properly, downplays your results, or denies remediation—you may have a claim for bad faith.
At Kerley Schaffer LLP, we represent wildfire survivors who are fighting back against insurance companies that fail to uphold their end of the contract. We’re committed to protecting your rights and holding insurers accountable for full and fair compensation.
What You Can Do
Request comprehensive environmental testing—including beryllium and other toxic metals.
Get a second opinion. Hire a certified industrial hygienist with experience in post-fire contamination.
Document everything. Save test results, emails, denial letters, and insurer correspondence.
Consult an attorney. A legal expert in wildfire insurance disputes can help you challenge denials and recover the benefits you’re owed.
Have questions about your insurance rights after a wildfire?
Contact Kerley Schaffer LLP for a free consultation. Our experienced wildfire litigation attorneys are here to help you navigate toxic exposure claims, fight back against bad faith insurance practices, and protect your home and health.