Wildfire / smoke damage: the underpayment playbook
Wildfire smoke claims have their own complications: volatile organic compounds, particulate infiltration, HVAC contamination, and proximity arguments that don't match the science.
How carriers underpay wildfire / smoke damage claims
- Claiming there's 'no direct physical loss' for properties not in the burn perimeter
- Limiting cleaning to surfaces without addressing attic/wall-cavity infiltration
- Denying HVAC duct cleaning + filter replacement despite particulate findings
- Excluding ALE during voluntary evacuation periods that authorities recommended
- Refusing comprehensive air-quality testing prior to occupancy return
The industry standard you can cite
IICRC S700
Standard for Professional Fire and Smoke Damage Restoration
IICRC
**Key provisions:** Defines smoke residue types (dry, wet, protein, oil/fuel) and cleaning methodology per type. Specifies HVAC system cleaning required when smoke is present in supply ducts. Addresses ozone vs. hydroxyl treatment. Content pack-out, off-site cleaning, and atmospheric deodorization protocols.
**How to cite in a carrier dispute:** Use when carrier denies HVAC duct cleaning, pack-out, or treatment beyond surface wipe-down. Smoke residue type determines required method — wrong method = continued contamination + warranty exposure.
Recent court opinions on wildfire / smoke damage disputes
Surteco North America, Inc. v. AIG Specialty Insurance Company
Cesar De Leon v. State Farm Lloyds
Septemba Kinnaird v. CNU of Alabama, LLC
Clark v. Marin
Gruber v. Donaldsons, Inc.
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