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Southern CA Fires- Extreme Santa Ana Winds


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I finally have an appointment wit( our field adjuster tomorrow.  Word is the California Fair Plan is trying to deny smoke “cleaning” remediation vs smoke damage.  I read and negotiate contracts (commercial real estate) almost every day for the last 30 years.  I see nothing in the language delineating any difference between the 2.  If I get any pushback, I’m going to litigate even if it costs me more than the remediation.  Fuck all that.  I’m pissed off enough that it motivates me.  I don’t get angry (well I do inside), but it makes me want to get very serious.  And I have some very well placed friends in the legal field who will take this on for me pro bono.  Fuck insurance companies who don’t own up to their obligations.  I get that this is almost unprecedented, but too fucking bad.

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1 hour ago, Sbbruin said:

I finally have an appointment wit( our field adjuster tomorrow.  Word is the California Fair Plan is trying to deny smoke “cleaning” remediation vs smoke damage.  I read and negotiate contracts (commercial real estate) almost every day for the last 30 years.  I see nothing in the language delineating any difference between the 2.  If I get any pushback, I’m going to litigate even if it costs me more than the remediation.  Fuck all that.  I’m pissed off enough that it motivates me.  I don’t get angry (well I do inside), but it makes me want to get very serious.  And I have some very well placed friends in the legal field who will take this on for me pro bono.  Fuck insurance companies who don’t own up to their obligations.  I get that this is almost unprecedented, but too fucking bad.

It's not business; it's personal.

Fuck'em.

Also, Hook'em.

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8 hours ago, Sbbruin said:

I finally have an appointment wit( our field adjuster tomorrow.  Word is the California Fair Plan is trying to deny smoke “cleaning” remediation vs smoke damage.  I read and negotiate contracts (commercial real estate) almost every day for the last 30 years.  I see nothing in the language delineating any difference between the 2.  If I get any pushback, I’m going to litigate even if it costs me more than the remediation.  Fuck all that.  I’m pissed off enough that it motivates me.  I don’t get angry (well I do inside), but it makes me want to get very serious.  And I have some very well placed friends in the legal field who will take this on for me pro bono.  Fuck insurance companies who don’t own up to their obligations.  I get that this is almost unprecedented, but too fucking bad.

"Word is the California Fair Plan is trying to deny smoke “cleaning” remediation vs smoke damage."

If that is the legal position/issue, rest assured that you won't be the only one fighting that fight.  Let things settle out, and odds are there will be hundreds of folks like you making the same argument, and the cases can and will be consolidated and you and your lawyers won't have to do all the heavy lifting.  Now, the plaintiff firm that DOES take on that fight will want a piece of the action, so consider that.

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22 hours ago, Captainant said:

2.2 Billion gallons lost for any future fires or crops

https://edition.cnn.com/2025/02/03/climate/trump-california-water-dams-reservoirs/index.html

At least the adults are in charge right @realgreggym?

maybe they opened the wrong valve; I'm almost certain they will get it right with the 2nd try, or the 3rd.

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28 minutes ago, Brisketexan said:

"Word is the California Fair Plan is trying to deny smoke “cleaning” remediation vs smoke damage."

If that is the legal position/issue, rest assured that you won't be the only one fighting that fight.  Let things settle out, and odds are there will be hundreds of folks like you making the same argument, and the cases can and will be consolidated and you and your lawyers won't have to do all the heavy lifting.  Now, the plaintiff firm that DOES take on that fight will want a piece of the action, so consider that.

Every class action that I’ve been involved with has given me pennies. What is your experience?

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3 minutes ago, Bevo said:

Every class action that I’ve been involved with has given me pennies. What is your experience?

This sort of thing is a different "class action."  And it may not even be a "class action."  It could just be that all of the cases are consolidated for resolution of a common legal question.  Not sure about California civil procedure though.

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4 hours ago, Brisketexan said:

This sort of thing is a different "class action."  And it may not even be a "class action."  It could just be that all of the cases are consolidated for resolution of a common legal question.  Not sure about California civil procedure though.

California has a state procedure version of the MDL federal procedure. I believe they defined it as a “complex, civil action”, but it works like an MDL -with the case consolidated into a judicial council coordinated proceeding.(JCCP).  This allows for coordinated pre-trial discovery and motions and Bellwether trials.

Off the top of my head I think you guys have a two year SOL, so I agree with brisket that it is easy to get one of your buddies to file your claim and then sit around for years, waiting for some resolution.   

But the problem with mass resolutions of MDL type cases are that there are never or almost never any penalty damages awarded for bad faith.   While not a class action, the same issues of commonality and a typicality predominate.    Not every insurance policy has the exact same language, not every insurance policy was issued at the same time, not every claimant has the same damage facts, etc.

Trust me, there are enough plaintiff  lawyers out there right now figuring out who they can sue and what they can sue for.    But I would recommend getting legal council to make sure you don’t screw up some contractual duty, or otherwise prejudice your case before you get a chance to dig into the merits.   The most important reason to do that is so you don’t go crazy thinking about this stuff every day.   

I am not a California lawyer, but from now on, do not have a single communication with your insurer that is not in writing somehow.   And always make sure you have several estimates for the repair or other remediation work to submit timely.   Always give your insurer the opportunity to do the wrong thing, with that wrong thing being totally documented.

Good luck, buddy.

ps, I’m fairly positive that this ground has been plowed before, and the interpretation of those fire remediation language issues has been discussed in a lot of prior cases.  

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14 hours ago, Sbbruin said:

I finally have an appointment wit( our field adjuster tomorrow.  Word is the California Fair Plan is trying to deny smoke “cleaning” remediation vs smoke damage.  I read and negotiate contracts (commercial real estate) almost every day for the last 30 years.  I see nothing in the language delineating any difference between the 2.  If I get any pushback, I’m going to litigate even if it costs me more than the remediation.  Fuck all that.  I’m pissed off enough that it motivates me.  I don’t get angry (well I do inside), but it makes me want to get very serious.  And I have some very well placed friends in the legal field who will take this on for me pro bono.  Fuck insurance companies who don’t own up to their obligations.  I get that this is almost unprecedented, but too fucking bad.

Sorry to hear that. We have Farmer's. Surprisingly easy with them. We had already paid a company about 4k to clean the whole house, and Farmer's cut us a check for 19k

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