Insurance Claims for Water, Fire, Ash, and Smoke
While flooding is not as likely in CA as in some other parts of the country, water damage is still a real possibility. With regards to fire or smoke damages, Californians in many parts of the state live with the constant knowledge that at any time their homes could be threatened by wildfires or brushfires. That’s why homeowner or renters buy property insurance to protect their homes against these perils, including specific coverages for fire, smoke, ash, soot, and water damage, with the understanding that their insurance companies will be there for them in the time of their needs.
California’s insurance laws provide specific minimum standards insurance carriers must meet for these types of coverages. However, making claims for property damage or losses, for personal injuries sustained from fire, ash, smoke, soot, or debris, or from sewer or water intrusion is often a complicated process, requiring policyholders to take specific steps and actions. Insurance attorneys who are specifically skilled in these claims help property owners navigate the complexities of the claims process and protect their rights under the California law. While water and sewer damages are known to average consumers, fire-related damages are not always obvious and may cause much more damages than one could imagine.
The Hazardous Effects of Debris, Ash, Soot, and Smoke in Wildfire and Brushfire Situations
Thousands of pages of information and data have been accumulated about California’s wildfires. All of this information is publicly accessible. During the recent years, multiple governmental organizations have published research and data concerning smoke, soot and ash damage to property from wildfires. Publications by the Los Angeles County Department of Public Health and California Department of Health Services stress the importance of safe disposal of ash and soot from affected properties. These publications warn against the use of leaf blowers, regular vacuum cleaners and any other non-HEPA filter vacuums. The Regional Water Control Quality Board also regularly advises the public to avoid washing ash into storm drains whenever possible.
California Environmental Protection Agency (EPA) notes that fire ash contains tiny particles, including dust, dirt, and soot, that can be deposited on indoor and outdoor surfaces and can be inhaled if the ash becomes airborne. As such, any amount of ash remaining in the AC system ducts, door and window latches, kitchen cabinets, attics, and similar areas – that are not properly cleaned and treated – are likely to be deposited back into the air and remain on the property permanently.
The California EPA warns that ash, although not classified as hazardous waste per se, may contain traces of hazardous chemicals such as metals like lead, cadmium, nickel and arsenic; asbestos from older homes or other buildings; perfluorochemicals; flame retardants; and caustic materials.
Moreover, a recent joint publication of the U.S Environmental Protection Agency, U.S. Forest Service, U.S. Centers for Disease Control and Prevention, and the California Air Resources Board entitled “Wildfire Smoke, A Guide for Public Health Officials” contains a thorough analysis of the health effects of smoke. Said publication in part states that the results of breathing wildfire smoke range from respiratory tract or eye irritation to more serious health issues, including exacerbation of asthma, reduced lung function, bronchitis, heart failure and premature death. Even short-term exposures, namely days to weeks, to hazardous particles, which are a major component of wildfire smoke, are linked with increased premature mortality and aggravation of preexisting cardiovascular and/or respiratory disease. Pregnant women, children, and elderly are more vulnerable to such exposure. Taking into consideration this and many other authoritative publications, it is undisputed that the smoke, ash, soot, and debris as a result of wildfire are able to cause severe injuries to you or your family, including fire and burn injuries, or any of the above referenced injuries caused by smoke or debris. For this reason, it is very important if you contact a knowledgeable lawyer to evaluate the facts of your matter, to understand if you have a valid case, and to assess the all the legal options you may have.
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What Would Be the Best Strategy for Fire or Water Damage Claims?
Filing claims for losses sustained due to fire/smoke or water damage requires expert evaluations from damage experts, inspectors, adjusters, hygienists, physicians, and/or contractors. When significant damages occur, it can also be difficult to itemize and inventory your personal property losses in the event. Insureds must submit proof of their losses to the insurance company, along with detailed examinations and inspection reports.
Water damage from rains or floods, damaged water lines, leaky pipes, drainage issues, or leaks in the roof can lead to more than just the loss of personal property. Usually, significant structural damage can occur. And most importantly, water damage can lead to mold issues which can threaten your health – and that of your family members. Proving the extent of water damage claims, especially if the potential for mold damage exists, can be involved.
A skilled insurance attorney who is familiar with the above referenced claim procedures can provide professional guidance and assistance throughout the claims process, and if needed, litigation procedures, giving you peace of mind knowing your claim for personal injuries, property damages or other losses sustained is in good order.
Bad Faith Insurance Claims
When you submit a claim for damages that would be covered under the terms of your insurance policy, California law requires the insurance company to handle it in good faith. This means the insurer must conduct reasonable investigations and claims determinations in a timely manner. In addition, if you are the subject of a lawsuit where the damages claimed would be covered under your policy, your insurer must defend and indemnify you – up to the policy limits.
If you believe your insurer has breached their duty of good faith, talk to a qualified attorney about your right to pursue an insurance bad faith litigation claim against your insurance company.
