California Smoke Damage Act: Streamlining Claims for Wildfire Victims
A groundbreaking bill, recognized as the nation’s first public health and insurance standards aimed at safeguarding families from toxic smoke contamination, is currently progressing through the California legislature.
On Wednesday, California Insurance Commissioner Ricardo Lara and Assemblymember Mike Gipson introduced Assembly Bill 1795, known as the Smoke Damage Recovery Act.
Related: ‘Structural Shift’ Occurring in California Surplus Lines
This legislation is a direct response to the smoke contamination resulting from the devastating 2025 Los Angeles wildfires. AB 1795 aims to establish enforceable public health and insurance claims standards specifically for homes damaged by smoke.
Last year, Lara took significant legal action against the California FAIR Plan Association, which was accused of denying and limiting smoke damage claims from wildfire survivors. Additionally, he formed a Smoke Claims & Remediation Task Force within the California Department of Insurance to create consistent statewide standards for investigating and processing smoke damage claims.
Currently, there are no established state or national standards for testing, cleaning, or restoring homes that have been contaminated by wildfire smoke. This gap has left many families vulnerable and uncertain about the safety of their living environments.
A notable feature of AB 1795 is its early-action provision, designed to tackle the delays and disputes faced by victims of the L.A. wildfires. If a state or local health or environmental agency issues specific standards for interior smoke testing, screening levels, or restoration, victims will be able to utilize those local standards immediately to support and expedite their insurance claims. Proponents of the bill emphasize that this will provide much-needed clarity and speed in the claims process.
Related: Viewpoint: Smoke Damage from LA Wildfires Leaves Questions to Be Answered
“Wildfire survivors are being told to return to homes coated in toxic residue, and that is unacceptable. This is not just an insurance dispute; it is a public health emergency. Families cannot wait for long processes or conflicting opinions. They need clear standards and real protection now,” Lara stated in a recent press release.
The Los Angeles wildfires resulted in unprecedented levels of smoke contamination, impacting thousands of homes across the region. The introduction of AB 1795 marks a significant step toward ensuring that families affected by such disasters receive the support and protection they need.
Topics
Catastrophe
Natural Disasters
California
Claims
Wildfire
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A groundbreaking bill, recognized as the nation’s first public health and insurance standards aimed at safeguarding families from toxic smoke contamination, is currently progressing through the California legislature.
On Wednesday, California Insurance Commissioner Ricardo Lara and Assemblymember Mike Gipson introduced Assembly Bill 1795, known as the Smoke Damage Recovery Act.
Related: ‘Structural Shift’ Occurring in California Surplus Lines
This legislation is a direct response to the smoke contamination resulting from the devastating 2025 Los Angeles wildfires. AB 1795 aims to establish enforceable public health and insurance claims standards specifically for homes damaged by smoke.
Last year, Lara took significant legal action against the California FAIR Plan Association, which was accused of denying and limiting smoke damage claims from wildfire survivors. Additionally, he formed a Smoke Claims & Remediation Task Force within the California Department of Insurance to create consistent statewide standards for investigating and processing smoke damage claims.
Currently, there are no established state or national standards for testing, cleaning, or restoring homes that have been contaminated by wildfire smoke. This gap has left many families vulnerable and uncertain about the safety of their living environments.
A notable feature of AB 1795 is its early-action provision, designed to tackle the delays and disputes faced by victims of the L.A. wildfires. If a state or local health or environmental agency issues specific standards for interior smoke testing, screening levels, or restoration, victims will be able to utilize those local standards immediately to support and expedite their insurance claims. Proponents of the bill emphasize that this will provide much-needed clarity and speed in the claims process.
Related: Viewpoint: Smoke Damage from LA Wildfires Leaves Questions to Be Answered
“Wildfire survivors are being told to return to homes coated in toxic residue, and that is unacceptable. This is not just an insurance dispute; it is a public health emergency. Families cannot wait for long processes or conflicting opinions. They need clear standards and real protection now,” Lara stated in a recent press release.
The Los Angeles wildfires resulted in unprecedented levels of smoke contamination, impacting thousands of homes across the region. The introduction of AB 1795 marks a significant step toward ensuring that families affected by such disasters receive the support and protection they need.
Topics
Catastrophe
Natural Disasters
California
Claims
Wildfire
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