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California wants regular insurers to grow. But it's the FAIR Plan that's growing faster than ever

California wants regular insurers to grow. But it's the FAIR Plan that's growing faster than ever

A decade ago, the California FAIR Plan was a true insurer of last resort. It insured less than two in every 100 homes in the state. Today, it is one of the largest insurers in California.
New data from the FAIR Plan shows the insurers' presence is growing faster than ever before, adding nearly 90,000 new policies in the first half of 2025 alone — a sign that California's insurance crisis remains in full swing, despite tentative signs of progress.
Homeowners on the FAIR Plan describe it as unaffordable and inadequate. A base FAIR Plan policy only covers damage from fire, lightning and explosions, requiring policyholders to pay for a separate, second policy to cover burst pipes, liability and anything else. It also caps overall coverage at $3 million per residential policy — enough for most homes, but not at the high end.
But for more than 591,000 homeowners, condo owners and renters, there is in essence no other choice.
'The more we grow, it's just indicative of a less stable market. It shows that the market is in an unhealthy state right now, because more and more people are coming to the FAIR Plan,' FAIR Plan President Victoria Roach testified to the Assembly Insurance Committee in May.
For Matt Wiser, affording insurance now means deferring repairs on his car and cutting back on the number of trips he makes to the bookstore or to have dinner with his girlfriend.
Wiser was forced on to the FAIR Plan last year when his previous insurer, State Farm General, informed him they wouldn't renew his policy unless he'd complete a laundry list of wildfire mitigation measures — including tearing down the shed that's been on the property since Wiser's great-grandfather owned it. The amount of work was overwhelming and unaffordable, and so Wiser set out to find new insurance.
He learned from local brokers that no private insurer would write new policies in his ZIP code — a swath of Fresno County that stretches from the relatively flat and grassy part of Auberry, where Wiser lives, deep into Sierra National Forest.
Wiser does what he can to reduce his wildfire risk. He regularly mows, weedwhacks and brings in horses and mules to graze grasses that might otherwise fuel a fire. He passes annual inspections from Cal Fire and has a letter from his local fire department testifying to his efforts.
Still, because of the overall high risk in his ZIP code, Wiser said no insurance company will send someone out to recognize the work he does.
'It is incredibly maddening, incredibly frustrating. The people who are making those decisions are city folks in air-conditioned offices, and by and large, they've never even been to the areas where they're making these decisions,' he said. 'We are judged by the ZIP code and not individual circumstances.'
Now, Wiser is on the FAIR Plan, alongside 277 others in his ZIP code. Since 2019, the FAIR Plan's policy count in his ZIP code has more than doubled, now making up an estimated 47% of all insured residences.
If Wiser had done all of the work and kept his State Farm policy, his premium still would have risen by about 60%, he said. But now he's paying about $5,200 a year, 85% higher than he used to, for the FAIR Plan plus a wraparound policy.
Data disclosed by the FAIR Plan earlier this month shows that its policyholders pay anywhere from $91 to more than $20,000 per year, but it's not the price that weighs the heaviest on Berkeley hills resident Sharon Drager — it's the coverage limits.
Three decades ago, Drager's home burned down in the 1991 Oakland Hills fire, a wind-whipped blaze that destroyed more than 3,000 homes and set a record at the time for the deadliest urban wildfire in California.
But through insurance, Drager was eventually able to recover and rebuild.
Both the home that burned and the one she rebuilt were insured by State Farm — at least up until last fall, when she was one of nearly 30,000 customers to be told their insurance would not be renewed due to risk of wildfires and fires following earthquakes. (A State Farm spokesperson said the decision to nonrenew thousands of customers was 'not made lightly' and was a necessary step to stabilize the company's financial condition.)
Drager searched for a replacement, but no private insurer was willing to give a quote for the full value of her home. So she turned to the non-admitted, or surplus line, market — insurance companies that are not subject to California's pricing regulations. Even when she chose a high deductible, none of the quotes were remotely affordable.
'The numbers were astronomical. One quote was $40,000 a year,' Drager said. 'I had to give up. There was nothing available to me that I could afford.'
So Drager wound up on the FAIR Plan, though she fears she is still underinsured.
Over the past few years, as insurers cut back on writing new policies and not renewing existing customers, the FAIR Plan has grown faster and faster. Still, its recent growth doesn't mean the insurance crisis is still getting worse — it just means it hasn't yet begun to get better, said David Russell, a professor of insurance at CSU Northridge.
While some of the FAIR Plan's growth comes from homeowners like Drager and Wiser who were dropped by their insurers, much of it likely reflects people moving, or purchasing a home for the first time, only to find the FAIR Plan is their only option. Many home insurers have restricted where they'll write new policies, and others — including State Farm and Allstate — have stopped taking on new customers at all.
Once homeowners get on the FAIR Plan, it's hard to get off — Roach, the insurer's president, told legislators that in 2023, the average FAIR Plan customer had been with the FAIR Plan for about five-and-a-half years.
New regulations, finalized at the end of last year and slated to take full effect soon, aim to get more private insurers to take up customers like Drager and Wiser.
These reforms alter the way insurance companies are allowed to set their prices, which align California more closely with the rules in other states, but are also expected to lead to increased prices for many homeowners.
In order to use these new regulations, private insurers will have to commit to writing more policies in designated 'distressed' areas — counties and ZIP codes where wildfire risk and the share of FAIR Plan policies is high. Those who already write a significant number of high-risk policies will be required to maintain their presence there.
Deputy Insurance Commissioner Michael Soller said the department expects insurance companies to submit their first filings under the new reforms this summer. Part of that will include explicitly telling regulators how many more policies they'll be writing and by when.
Throughout the process, Soller said regulators will be keeping a close eye on whether companies are truly writing more policies and where they're writing them. Insurance Commissioner Ricardo Lara has said a key measure of success will be seeing people move off from the FAIR Plan. Some insurers have already begun writing more policies in anticipation, Soller added.
Drager is eager for the day a traditional insurer will take her again — but it hasn't come yet.
Having rebuilt her home after a wildfire once, she's well aware of how coverage limits that seem high can be quickly eaten up by the costs of debris removal, replacing personal belongings and rebuilding a house from the foundation up — especially in an area like the Berkeley Hills, where construction is expensive.
When she first made the switch to the FAIR Plan, the overwhelming anxiety of being underinsured kept her awake at night. Now she has resigned to it.
'I can't fight it,' she said. 'There was nothing personally I could do. My whole neighborhood is affected by this.'
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California's insurance commissioner is taking action against the FAIR Plan. Wildfire survivors say it's too late
California's insurance commissioner is taking action against the FAIR Plan. Wildfire survivors say it's too late

San Francisco Chronicle​

time2 days ago

  • San Francisco Chronicle​

California's insurance commissioner is taking action against the FAIR Plan. Wildfire survivors say it's too late

In 2017, the California FAIR Plan got permission to change the language in its policies pertaining to wildfire smoke damage, in part by promising regulators the changes wouldn't reduce payouts for its policyholders. Eight years, hundreds of complaints and multiple lawsuits and investigations later, California Insurance Commissioner Ricardo Lara has filed a rare legal challenge against the insurer of last resort for allegedly breaking its promise — and allegedly violating multiple insurance regulations including the Fair Claims Settlement Practices Act. The enforcement action, the first the department has taken against an insurer for conduct following the L.A. wildfires, calls on the FAIR Plan to 'cease and desist' any practices that violate Fair Claims Settlement Act regulations, and to discuss its policy language at a future hearing. Currently the FAIR Plan only covers what it calls 'permanent physical changes' wrought by smoke, language the insurer has interpreted as allowing it to deny a range of smoke damage claims. If the FAIR Plan does not adequately address the department's concerns at the hearing, the California Department of Insurance could escalate further by filing an additional cease-and-desist order related to specific accusations laid out in the document. The department also announced a monetary penalty against the insurer to be determined based on how many legal violations the Department identifies at the hearing. While the department would not specify exactly how many complaints policyholders have filed against the FAIR Plan for denying smoke damage claims, the department's press release said it has received 'hundreds' of related complaints against the insurer over multiple years. In an emailed statement to the Chronicle, FAIR Plan spokesperson Hilary McLean said the plan intends to 'fully participate' in the legal process initiated by the department. 'We understand the heavy toll wildfires have on families and communities, which extends far beyond the loss of property, and we remain focused on helping our customers recover and rebuild,' McLean said in the statement. The FAIR Plan has until mid-August to file a response. Insurance Department spokesperson Gabriel Sanchez said Lara would make a final decision after the hearing and evaluate evidence presented by both sides. Sanchez added that while the action involved complaints stemming from the LA wildfires, it 'addresses broader concerns, including patterns of conduct that predate' this January. The FAIR Plan is managed by a governing committee of industry representatives and paid into by all admitted carriers in California. Some policyholder advocates welcomed the department's action, though they pointed out that a separate, landmark court decision in June had already ruled that the relevant FAIR Plan policy language was illegal. Attorneys in that case expect to receive an injunction against the FAIR Plan in the next year, which would require it to change its policy language and re-adjust claims for thousands of policyholders going back to 2021 — regardless of what the CDI does or doesn't do. 'Certainly we've been asking the department to do this for quite some time,' Amy Bach, Executive Director of United Policyholders, told the Chronicle. Now, she said, 'the most important thing here is we get people's homes properly remediated and restored, and the FAIR Plan and their member insurers not continue to ignore the most current science, which is identifying toxic conditions that need to be remedied. …We can't have people moving back into homes that are unsafe, and get sick and die.' If an insurer denies their smoke damage testing or cleaning claim, families face a terrible choice: Either fight the insurer and deal with months of stress and uncertainty as their temporary housing coverage dwindles, or move home before they feel safe — and potentially expose themselves and their children to toxic smoke particles lingering in their walls and on their floors. 'Commissioner Lara's own press release shows that his FAIR Plan market conduct exam was completed in 2022. Yet he took no action until today, three years later,' Joy Chen, co-founder and CEO of the Eaton Fire Survivors Network, said in a statement provided to the Chronicle. She continued: 'That delay caused real harm. Eaton and Palisades fire survivors suffered needlessly under FAIR Plan smoke damage denials because Lara failed to act on the findings of his own investigation.' In response to Chen's statement, Sanchez noted that the Department had worked for years to 'build a strong evidentiary record to meet legal standards and ensure lasting accountability.' In 2022, CDI released the findings of a multi-year investigation into the Fair Plan. That investigation, called a market conduct exam, identified 59 cases the FAIR Plan allegedly improperly denied or limited coverage for smoke damage it didn't consider having caused 'permanent physical change.' In a letter to the FAIR Plan, the department's general counsel wrote that such denials ran 'contrary to the law.' California requires all insurance companies offer fire coverage equal or better to that of the state's standard policy, which does not exclude smoke or 'nonpermanent damage.' In January, shortly after the huge Los Angeles fires, the FAIR Plan told the Chronicle it had not changed its coverage as a result of the 2022 Market Conduct Exam. 'The FAIR Plan has not altered its policy form or the way it determines coverage for smoke damage claims as a result of the market conduct exam,' the spokesperson wrote. The FAIR Plan, once seen as a last-ditch stand-in for a small number of Californians who couldn't get normal insurance, has seen explosive growth in the last several years as mainstream insurance companies increasingly drop policyholders and refuse to sign on new ones. It added 90,000 policyholders in the first half of 2025 alone, the Chronicle has found, boosting its number of insureds to nearly 600,000 — close to 7% of all policyholders in the state. Over the past few years, the consequences of insurance denials of smoke testing and remediation have grown as wildfires have become more urban — and their smoke increasingly toxic. For instance, in July, the Chronicle reported that beryllium, a rare and exceedingly toxic metal, had been detected at potentially dangerous thresholds in dozens of homes in Altadena and Pacific Palisades. Despite this changing paradigm and the dangers it poses to families, other major insurance companies have also repeatedly denied comprehensive testing and cleaning for some of the most common and dangerous pollutants found in smoke, including asbestos and lead. The science around smoke damage — what to test for, how to test for it and what to do about it — is far from settled, experts told the Chronicle. No state has instituted consistent guidelines around how insurers should handle and cover this type of damage, though Colorado has begun the process. To fill in the gaps, Lara in May announced his department was forming a Smoke Claims & Remediation task force. Members include experts from public health agencies, policyholder advocates and representatives from multiple companies that work primarily for and with insurance companies.

California Moves Against State's Insurer of Last Resort Over Smoke Policies
California Moves Against State's Insurer of Last Resort Over Smoke Policies

Newsweek

time2 days ago

  • Newsweek

California Moves Against State's Insurer of Last Resort Over Smoke Policies

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. California regulators have announced legal action against the state's fire insurer of last resort, the FAIR Plan, over its systematic denial of smoke damage claims to hundreds of wildfire victims. On Thursday, the California Department of Insurance (CDI) filed an order to show cause against the FAIR Plan, asking the insurer to go to court and justify its "permanent physical damage" requirement, which for years has been behind its denials of policyholders' claims related to smoke damage. It also issued a cease and desist order, with penalties, against the insurer. "I've spoken with wildfire survivors who would rather lose their homes to flames than endure the stress and confusion of navigating smoke damage claims. This is unacceptable," CDI Commissioner Ricardo Lara said in a news release on Thursday. "This issue has persisted after every fire and has become even more urgent in the aftermath of the largest urban fires in history, the Palisades and Eaton fires. These consumers' message is clear: they need assistance, not obstacles," he added. "We will not tolerate insurance companies breaking the law and denying Californians the coverage they deserve, including the FAIR Plan." Critics, however, said that Golden State's authorities should have taken action years ago when they first learned that the FAIR Plan's smoke policies were likely illegal. Newsweek contacted the FAIR Plan for comment on Friday outside standard working hours. Why Is the California FAIR Plan Under Such Scrutiny? The California FAIR Plan is the state's fire insurer of last resort, offering fire coverage to homeowners who cannot find it anywhere else on the private market. The FAIR Plan, unlike other states' insurers of last resort, is not operated by the state. It is under the helm of the insurance industry. In recent years, as several major insurers cut coverage across the state to avoid paying enormous damage claims in some of the most risk-prone areas should disaster strike, the FAIR Plan inflated in size. As of June, according to the insurer's own data, the FAIR Plan had 610,179 policies and a total exposure of $650 billion, up 42 percent from September 2024 and 289 percent from September 2021. While for many homeowners dropped by their private carriers, any fire coverage is better than none, the FAIR Plan is often not an ideal solution. The insurer offers policies with less coverage than standard home insurance, and they are generally more expensive. In this aerial view taken from a helicopter, a stucco villa owned by David Steiner is still standing among burned homes during the Palisades fire in Malibu, Los Angeles County, California, on January 9. In this aerial view taken from a helicopter, a stucco villa owned by David Steiner is still standing among burned homes during the Palisades fire in Malibu, Los Angeles County, California, on January 9. JOSH EDELSON/AFP via Getty Images On top of that, many wildfire survivors have found through the years that the FAIR Plan is particularly reluctant to cover smoke damage claims. In June 2017, the FAIR Plan revised its policy language to require "permanent physical damage" for smoke claims, a rewording that has since allowed the insurer to issue more and more denials. In 2022, an investigative hearing into the FAIR Plan found that the insurer's handling of smoke claims was less than adequate. In May 2024, the California Supreme Court ruled that "damage caused by noxious substances or odors," such as smoke, should be covered where a policy insures against "direct physical loss or damage to" property—a decision that the CDI asked the FAIR Plan to align with. But the Palisades and Eaton fires struck before any change was made. Since then, the CDI has received more than 220 smoke-related consumer complaints against the FAIR Plan. In July, a spokesperson for the FAIR Plan told Newsweek that its coverage of smoke damage was fully consistent with its coverage of burn damage. "Both require direct physical loss. All FAIR Plan burn damage and smoke damage claims are handled consistent with California law. The FAIR Plan eliminated the use of the 'sight and smell' test last year, and has never enforced the smoke dispute resolution provision," the spokesperson said. They added: "Since last year, we have been working collaboratively with the California Department of Insurance to update and clarify our policy language around smoke damage, so the language is consistent with the manner in which these claims are being adjusted. Our goal is to continue providing fair and reasonable coverage for wildfire-related losses while maintaining the financial integrity of the FAIR Plan for all policyholders." Too Late for the FAIR Plan—But Not for State Farm The Eaton Fire Survivors Network, a grassroots community connecting about 6,500 survivors of the January wildfires in Los Angeles County, said Lara already knew there was something deeply wrong with the FAIR Plan's smoke policies in 2022, when his market conduct exam on the insurer was completed. "Yet he took no action until today, three years later," a statement by the network shared with Newsweek said. "That delay caused real harm. Eaton and Palisades fire survivors suffered needlessly under FAIR Plan smoke damage denials because Lara failed to act on the findings of his own investigation." The network is now shifting its attention to State Farm, asking Lara to complete and enforce the market conduct exam on the carrier "before approving another billion-dollar rate hike," the group said. State Farm, California's largest home insurer, is now facing a market exam following numerous complaints by policyholders over delays in paying their damage claims or outright denials. "Numerous homeowners reported delays and denials in claims processing, particularly concerning smoke contamination and hazardous materials like lead and asbestos," Chip Merlin, the founder and president of Merlin Law Group, told Newsweek. "The concerns regarding smoke are that State Farm has often delayed investigating for the finding of toxic residue from the smoke. Then when it does investigate, it limits its sample size so not enough areas of the home are being searched," Marlin explained. "Further, it then does not fully test those samples looking to find all the various types of toxic materials. The allegations and complaints are that the delayed investigation is pretextual." State Farm is also facing allegations of purposefully underinsuring homes, a practice that previous market exams had already unearthed. "I expect that the current examination will lead to many of the same conclusions as the last market conduct study. Many more mandated changes in State Farm's claims handling procedures, restitution to affected policyholders and changes to its underwriting must occur," Merlin said. He continued: "Because State Farm had a chance to correct these issues and failed to do so, I expect that the potential fines are great. To prevent another repeat of this, I would expect the study to require State Farm to report on its progress in addressing these issues, along with deadlines it must meet." The company finds itself under scrutiny for its recent request to hike its rates again, which State Farm says is necessary to stabilize its financial footing on the increasingly risky California market. In December 2023, State Farm received approval for a 20 percent increase in homeowners insurance premiums, which took effect in March 2024. Following the devastating wildfires earlier this year, it requested an emergency interim rate increase of 22 percent, which was reduced and approved as a 17 percent interim emergency rate increase effective June 1. "State Farm is still pursuing approval for the full 30 percent increase, with hearings scheduled for later this year," Merlin said. "I think State Farm will get another significant rate increase. The losses are much greater than what was originally determined. These fires were a historic event not seen since the last great urban fire in San Francisco more than a hundred years ago." He added: "The cost of these fires, as well as others that are happening at a much greater frequency, is causing significant losses and financial pressures. The fire peril losses in California have been off the charts for a decade. State Farm can certainly make a case for the need for higher rates." The question, Merlin said, is how to make sure coverage remains affordable for California homeowners. "Some may find that the cost of home ownership is simply too great, with insurance costs increasing significantly in such a short period," he added. "I don't see a short-term solution to this problem," Merlin said. "Rates and premiums will go up, but people might not be able to afford it. The long-term mitigation solutions will take far greater time to implement before those cost savings are realized. This is truly a crisis."

California senior dropped by her insurer went from paying $1,100 to nearly $8,000 under 'last resort' plan
California senior dropped by her insurer went from paying $1,100 to nearly $8,000 under 'last resort' plan

Yahoo

time21-07-2025

  • Yahoo

California senior dropped by her insurer went from paying $1,100 to nearly $8,000 under 'last resort' plan

Sandy Vignolo is speaking out after her annual insurance premiums increased a staggering amount. The Dutch Flat, California senior is paying nearly $8,000 for fire insurance alone — plus a separate liability policy — after she spent $1,100 to cover her home just a few years ago before her insurer dropped her policy, according to ABC10. 'We've had to dip into savings to pay that,' Vignolo told the broadcaster in a story published July 4. 'There's a lot of people around here … that it has gone beyond what they have.' Don't miss Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 6 of the easiest ways you can catch up (and fast) Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan 'works every single time' to kill debt, get rich in America — and that 'anyone' can do it Vignolo signed up for the state's FAIR plan, the high-cost fire insurance of last resort, for coverage when she was dropped by her insurer. Suzanne Vidal, another Dutch Flat resident, told ABC10 an elderly neighbor of hers is now paying $15,840 on the FAIR plan, compared to just $1,800 in 2020. 'People are losing their homes,' Vidal told the broadcaster. 'Even if they don't have a mortgage and they're paying that much for insurance, that's hard to come by if you're on fixed income. Let's say you're making $1,200 to $1,800 a month in Social Security. There's just no way you can do it.' 'Maybe next year' However, the state is promising better insurance offerings to come. Reforms being rolled out by insurance commissioner Ricardo Lara's 'Sustainable Insurance Strategy' are meant to help homeowners get off the FAIR plan and into better private insurance offerings. 'Definitely by no later than the end of this year, starting of next year, you'll start seeing more correction in the market,' Lara told state lawmakers on July 2. Deputy insurance commissioner Michael Soller says a market correction means more competition, per ABC 10. But Vidal, a real estate broker, remains skeptical. Read more: Americans are 'revenge saving' to survive — but millions only get a measly 1% on their savings. 'They told us this in my industry a year ago, that this year was going to be totally different. The first of the year, a lot of these companies were going to come back into our market with insurance available at reasonable or sensible prices,' Vidal said. 'Now it's, 'Maybe next year.'' Meanwhile, she and Vignolo warn that many elderly residents of California simply can't wait that long for insurance prices to come down. Cope with high insurance costs If you are living in a high-risk area, one that is prone to severe weather and high crime rates, you are advised to shop around as much as possible for coverage. Homeowners can contact their insurer if they receive a non-renewable notice to find out if there are any steps they can take to retain their coverage. If you feel your non-renewal was unfair, you may be able to file a complaint with your state insurance department. If your home is deemed uninsurable due to old plumbing, outdated electrical or other issues, it may be necessary to find a means of bringing these up to code so that you can retain your insurance coverage. California's Department of Insurance recommends that homeowners who have tried to find private insurance look into the non-admitted/surplus lines market to find coverage. For users of the FAIR plan, they also recommend supplementing your coverage with a private policy to extend your coverage beyond fire protection. If your insurance costs have increased substantially, it may be time to consider shopping for a new plan, or even reducing your coverage to bring down the total cost of your bill. The California Department of Insurance offers a Homeowner Coverage Comparison Tool to help you compare offers and find the right insurance plan for you. What to read next Robert Kiyosaki warns of 'massive unemployment' in the US due to the 'biggest change' in history — and says this 1 group of 'smart' Americans will get hit extra hard. Are you one of them? How much cash do you plan to keep on hand after you retire? Here are 3 of the biggest reasons you'll need a substantial stash of savings in retirement Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you? Stay in the know. Join 200,000+ readers and get the best of Moneywise sent straight to your inbox every week for free. This article provides information only and should not be construed as advice. It is provided without warranty of any kind. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data

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