Leading Eaton and Palisades wildfire survivor groups wrote a letter to California’s insurance commissioner candidates asking if they would commit in writing to holding insurance companies accountable for properly testing standing homes for toxic smoke contamination and paying to fix covered damage.
Both candidates, Senator Ben Allen and Jane Kim, responded with commitments to enforce consumer protections and hold insurers accountable.
“Insurance companies have a responsibility to test for the toxic smoke damage and fix the problem if it is found,” said Beutner. “The next insurance commissioner has a responsibility to hold those companies accountable.”
In their letter, the groups warned that homes left standing after the January 2025 fires may contain dangerous levels of lead, arsenic, lithium, asbestos, and other hazardous substances. They demanded comprehensive testing including concealed spaces such as attics, wall cavities, ductwork, and HVAC systems and accountability for insurers that closed claims without proper investigations. Nearly two years after the fires, many survivors’ insurance companies still refuse to test for these dangerous toxins in concealed spaces.
The groups’ outreach comes as the California Department of Insurance has reported more than 13,000 smoke-contamination claims. Survivors are concerned that claims may be denied or closed without adequate testing, while some policyholders have reportedly been told they face a January 7, 2027 deadline.
The letter was signed by Austin Beutner and representatives of LA Standing Homes, LA Standing Homes Network, Eaton Fire Residents United, Every Fire Survivor’ Network, Palisades Standing Homes Advisory Task Force, Palisades Standing Homes, and Surviving Structures Eaton Fire.
Senator Ben Allen: Investigations and enforcement
Senator Allen pledged to investigate insurers that deny or close claims without proper testing, require them to resolve mishandled claims, and pursue penalties for violations. He also committed to working with public health and environmental experts, scrutinizing claim deadlines, and pressing insurers to pay for warranted testing.
“If elected, I will immediately begin pressing insurers to pay for warranted testing, address improperly closed claims, and extend approaching deadlines while investigations and coverage disputes remain unresolved. Survivors deserve an advocate right away, and I will use my voice as Commissioner-elect to push for action even before I take office.”
This year Allen authored a law to give the insurance commissioner the power to fine companies that ignore Department findings of wrongdoing, as the FAIR Plan has been doing for years in refusing to pay for smoke damage testing and cleanup.
Jane Kim: Comprehensive testing and public accountability
Kim outlined specific steps, including requiring insurers to pay for comprehensive testing when requested by eligible policyholders, reopening claims closed without proper testing, and publishing company-by-company data on how insurers handled smoke contamination claims. She also pledged prompt enforcement cases and referrals for further legal action against noncompliant insurers.
“No family should have to move back into a home that can cause illness, asthma or cancer. And no one should face this fight without the full weight of the Department of Insurance behind them.”
She also emphasized that penalties must be strong enough to deter violations, saying:
“If carriers do not comply, the size of the penalty must outweigh the financial incentives to ignore the law.”
Kim’s plan to publish individual companies’ smoke damage record would be the first of its kind by a state regulator.
Both candidates have committed to using the insurance commissioner’s office to address insurers’ handling of toxic smoke contamination claims. Survivors will now be looking for those commitments to translate into comprehensive testing, payment for covered remediation, and meaningful enforcement.
