Invisible Smoke Damage Poses a Serious Health Threat
The Science Behind the Ruling
Microscopic wildfire smoke particles can infiltrate homes even when flames don’t. These invisible toxins include heavy metals, volatile organic compounds (VOCs), and carcinogens. Once inside, they cling to drywall, furniture, carpeting, and ventilation systems, causing long-term exposure to dangerous substances.
Studies show that wildfire particulates can lead to:
Respiratory issues
Increased cancer risk
Structural corrosion over time
Yet until recently, many California homeowners were denied insurance coverage for this damage unless it was visible or smelled strongly. This changed in June 2025, when a Los Angeles court ruled in Jay Aliff v. California FAIR Plan Association that such exclusions were illegal.
Legal Recognition of Invisible Damage
Judge Rice’s decision was based on decades of California insurance law and recent precedent from Another Planet Entertainment v. Vigilant Insurance Co., which stated that "direct physical loss" includes molecular-level contamination.
This means:
Invisible smoke contamination is now a legally recognized form of physical property loss
Insurance policies cannot require proof of visibility or odor to validate a claim
FAIR Plan exclusions that violate these principles are no longer enforceable
Your Legal Rights
If your insurance company denied your wildfire smoke claim for lack of visible damage:
You may be entitled to reopen your claim
You may qualify for reimbursement for cleanup costs, air filtration, and testing
You could be eligible to join a bad-faith insurance lawsuit or class action
How Kerley Schaffer LLP Can Help
Our firm has spent years fighting for homeowners affected by wildfires and denied by their insurers. We offer:
Free consultations and policy reviews
Legal representation in individual and group litigation
Strategic advocacy to help improve insurer practices statewide
Need Help?
Don’t navigate the appeals process alone. If you experienced wildfire smoke damage and were denied by the FAIR Plan, Kerley Schaffer LLP is here to help you secure what you’re legally owed.
Contact us today for a personalized case evaluation and take the first step toward justice.