Latest news with #KerleySchaffer
Yahoo
17-04-2025
- General
- Yahoo
A California family is suing insurers over denied wildfire claim. Here's how to deal with an insurance dispute
Anne Yates and Patrick Proctor's 13-acre property in Butte County, California survived the devastating Park Fire, which scorched parts of Butte and Tehama counties in July 2024. But when the couple returned to their Cohasset Road home, they realized their house didn't emerge completely unscathed. Ash, smoke and soot had seeped inside the house, leaving behind what Yates and Proctor's lawsuit alleges are toxic residues. Despite the structure still standing, the couple says their home is uninhabitable and their insurer refuses to pay for professional remediation, reports CBS News. I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 5 of the easiest ways you can catch up (and fast) Nervous about the stock market in 2025? Find out how you can access this $1B private real estate fund (with as little as $10) 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 "The FAIR Plan simply did not conduct an adequate investigation and told them that they should clean the home themselves and move back in," said Dylan Schaffer, the couple's attorney with Kerley Schaffer, LLP. 'And that advice is not only contrary to California law, it's dangerous.' With their insurance claims rejected, Yates and Proctor are now suing the California FAIR Plan Association and the insurance companies that fund it. The FAIR Plan, which stands for Fair Access to Insurance Requirements, is California's fire insurance backstop — designed for homeowners and businesses in high-risk areas that can't get traditional insurance coverage. It's made up of multiple insurers who are legally required to participate and offer minimal coverage for fire-related damage. According to the couple's lawsuit, the FAIR Plan denied the couple's smoke damage claim on the basis that their home wasn't 'damaged' but simply 'dirty.' That's been a long-standing point of contention in wildfire insurance cases across the state. 'The problem with the FAIR Plan,' Schaffer told CBS reporters, 'is that their view — since 2012 and across thousands of wildfire claims — is that these houses are not damaged. They're dirty. And because insurance policies cover damage, not dirt, they don't want to pay to fix them.' Yates and Proctor are asking for reimbursement for smoke remediation and reconstruction work they say is necessary to make the home safe again, potentially starting from the studs. The California Department of Insurance declined to comment on the lawsuit specifically but said it expects insurers to stand by their policyholders. The FAIR Plan has come under scrutiny in recent years as wildfires grow more intense and widespread. While it serves as a last resort for many homeowners in fire-prone areas, critics say the coverage is often too limited, and the plan is even at risk of running out of money. Read more: The US stock market's 'fear gauge' has exploded — but this 1 'shockproof' asset is up 14% and helping American retirees stay calm. Here's how to own it ASAP Wildfires, hurricanes and floods can leave lasting damage to your home, even when the walls are still standing. If your insurer denies a claim after such an event, don't assume the story ends there. Here are some steps homeowners can take to protect themselves before and after a natural disaster. Before disaster strikes, review your homeowner's insurance policy closely. Make sure it includes coverage for fire, smoke and additional living expenses if your home becomes uninhabitable. In high-risk areas, supplemental policies may be needed to cover losses not included in basic plans, such as fire and flooding. As soon as it's safe to return, take photos and videos of everything — inside and out — and keep records of any professional assessments, such as air quality tests or contractor quotes, that show the extent of the damage. Public adjusters work on your behalf (not the insurance company's) to assess damage and negotiate claims. They charge a fee — often a percentage of your settlement — but can help maximize your payout. If you believe your claim has been unfairly denied, an attorney with experience in insurance disputes can advise you on next steps. In California, insurers are required by law to act in good faith and handle claims fairly. Denying a legitimate claim without a proper investigation may be grounds for legal action. As climate change increases the frequency and intensity of natural disasters, having the right insurance coverage isn't optional — it's essential. If you live in a high-risk area, talk with your agent about specific protections for wildfires, floods, earthquakes and temporary housing. The right type of coverage could make all the difference when facing the aftermath of a natural disaster. 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 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? This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
CBS News
03-04-2025
- General
- CBS News
Park Fire victims sue insurance companies, FAIR Plan over denied smoke damage claims
BUTTE COUNTY -- A Butte County family is suing the California FAIR Plan and the underlining carriers after smoke damage claims made as a result of the Park Fire were denied. Anne Yates and Patrick Proctor's nearly 13-acre property on Cohasset Road survived the Park Fire, which burned in Butte and Tehama counties in July 2024. Their home was still standing when they returned and appeared to be mostly unscathed. When they went inside they realized something wasn't right. Smoke, ash, and soot left behind toxins, their lawsuit alleges, that have made it unsafe to move back in to their home. "The Fair Plan simply did not conduct an adequate investigation and told them that they should clean the home themselves and move back in. And that advice is not only contrary to California law, it's dangerous," said Dylan Schaffer, the family's attorney with Kerley Schaffer, LLP. Schaffer said to safely move back in to the home requires more than a "mop and a sponge", but rather, professional remediation and and extensive rebuild, nearly starting from the studs. The home is covered by the California FAIR Plan. The plan is an insurance option that provides basic fire coverage for homeowners and businesses in high-risk areas who cannot obtain insurance through traditional carriers. The plan is made up of multiple insurers, all who are able to write property policies in the state. When Yates and Proctor realized their home was damaged by smoke, they filed a claim with the FAIR Plan, and say it was denied. "So, the problem with California FAIR Plan, is that their view — and this has been true since 2012, and it's true across thousands and thousands of wildfire claims — is that these houses are not damaged," Schaffer said. "They're dirty, and because insurance policies cover damage — not dirt — they don't want to pay to fix them, and those fixes can be quite expensive. And really, what this is about is their desire to save money in paying out insurance claims." A spokesperson for the California Department of Insurance said they cannot comment on specific litigation but that the department expects it to stand by its customers. In a bulletin released in March, California Insurance Commissioner Ricardo Lara said: Homeowners statewide have shared with CBS that their smoke damage claims have been denied or partially denied by the FAIR Plan. In recent reporting, CBS News Los Angeles reported that a FAIR Plan spokesperson said they approve all covered claims, including smoke claims, consistent with California law. However, they clarified that the FAIR Plan requires direct physical loss for there to be coverage.
