Policyholder Attys See Calif. Smoke Case as Boon for LA
Policyholder Attys See Calif. Smoke Case as Boon for LA
Law360 Insurance Authority
February 6, 2025
Sills Cummis Insurance Practice Group Co-Chair Scott Greenspan commented on the recent decision by the U.S. District Court for the Northern District of California in the Bottega case, holding that wildfire smoke, soot, ash or odor causes physical loss or damage to property even if the property has not burned in the fire.
As seen in the article, “‘If you are representing policyholders, I think the decision is very helpful to your cause,’ said Scott D. Greenspan, co-chair of Sills Cummis & Gross P.C.’s insurance practice group.
“‘It’s really directly on point for policyholders who have properties that were not burned down but that have smoke, soot, ash or odor damage from the fires, because the court held these things do indeed cause physical loss or damage, triggering an all-risk policy’s property and business interruption coverage,’ Greenspan told Law360 in an email.”
