Your Carrier Said Your Eaton Fire Smoke Damage Was "Cosmetic." It Wasn't.

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Smoke and ash damage from the Eaton Fire is the single most-denied wildfire claim type. The  contamination is real, the remediation cost is real, and the health risk is real. KBK Lawyers won a $9+  million class settlement for over 1,000 policyholders in the Station Fire over this exact issue. Free,  confidential case review. No fee unless we recover money for you.

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Holding Insurance Companies Accountable

$9+ Million Station Fire smoke-damage settlement — representing more than 1,000 policyholders whose carrier called their smoke and ash damage “cosmetic.” We have brought this fight before. We know exactly how to bring it again. (Attorney Advertising. Past results do not guarantee a similar outcome.)

Why Carriers Are Denying Eaton Fire Smoke Damage

Smoke damage claims are underpaid more often than any other type of wildfire claim, for several predictable reasons:

  • Smoke contamination is often invisible without specialized testing by industrial hygienists.

  • Professional smoke remediation can cost tens of thousands of dollars for a single home.

  • HVAC systems frequently require duct cleaning, filter replacement, and, in some cases, coil replacement.

  • Smoke particles can remain trapped in furniture, clothing, and other personal property, causing cleaned areas to become re-contaminated.

  • Smoke-related health risks are significant but difficult for insurance companies to quantify and evaluate properly.

As a result, insurers often send a generalist adjuster who performs a limited inspection, recommends simple surface cleaning, prepares a low estimate, and closes the claim. KBK Lawyers works with industrial hygienists and experienced remediation professionals to document the full extent of smoke contamination and the actual cost of restoring the property.

We Pursue Substantial Smoke-Damage Recoveries

KBK Lawyers focuses on California wildfire insurance disputes involving significant unpaid policy benefits, typically where at least $200,000 in insurance coverage remains at issue.

Our 20% contingency fee is among the lowest charged by California plaintiffs’ firms handling complex wildfire insurance claims. You pay no attorney fees unless we recover compensation for you.

If your case is not a good fit for our practice, we will tell you during the initial consultation and, when appropriate, help direct you to other resources or counsel.

What KBK Lawyers Has Recovered

$9M+

Station Fire smoke-damage class settlement (over 1,000 policyholders)

$1.8M

Woolsey Fire bad-faith recovery after the carrier had already paid the insured over $1 Million

$250M+

in Northridge earthquake bad-faith claims

$1.7M+

in a water-damage bad-faith case

Brian Kabateck, our founding partner, is a past President of Consumer Attorneys of California and a past President of the Consumer Attorneys Association of Los Angeles.

What a Smoke Damage Case Should Recover

Depending on the facts of your claim, you may be entitled to recover:

  • Professional remediation of the home, including cleaning, decontamination, and sealing of affected surfaces.
  • HVAC system cleaning, decontamination, repair, or replacement when necessary.
  • Remediation or replacement of personal property and contents at full Replacement Cost Value.
  • Additional Living Expenses incurred while the property is being remediated.
  • Diminution in value when a home continues to suffer from smoke odor, contamination concerns, or wildfire-related stigma.
  • Statutory penalties and attorney’s fees in certain types of insurance claims.
  • Bad-faith damages when an insurance carrier unreasonably delays, denies, or underpays a valid claim.

Speak With Our Experienced Team

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Deadlines

Wildfire-related policies must give at least two years for suit under California Insurance Code section  2071. Bad-faith tort claims run two years. We map every deadline at the first call.

Frequently Asked Questions

My carrier said my smoke damage was "cosmetic." Is that a valid defense?

It rarely is. “Cosmetic” is a defense framing that understates the actual remediation cost and ignores the health risk. Most courts treat smoke and ash contamination as a real loss requiring real remediation. Bring the carrier’s denial letter to a free consultation.

For serious smoke-damage cases, yes. An industrial hygienist provides the air-quality and surface-contamination testing that proves the case. Our firm engages the right expert from intake.

You may still have a substantial smoke damage claim. Smoke and ash travel for miles, and the Eaton Fire produced contamination across a wide footprint of Altadena, Pasadena, and the surrounding  communities. The contamination is what matters, not the visible flame line.

Attorney Advertising. Past results do not guarantee a similar outcome.