Class Sues Insurer for Wildfire Damage

LOS ANGELES (CN) - Pacific Specialty Insurance Co. put an unfair limit of $2,500 on homeowners' claims for damage caused by smoke, soot and ash from wildfires, a class action claims in Superior Court.

Lead plaintiff Maria Carmen Medina, of Azusa, claims the insurer breached contract by imposing the "purported sublimit" of $2,500.

Her home was damaged by smoke, soot and ash during the Colby wildfire in January, and Pacific Specialty assessed the damage at $9,759.36 but paid only $2,500 on it, Medina says in the March 9 complaint.

She claims that the purported sublimit "violates Insurance Code section 2071, is not reflected on the Declarations Page, is not plain, clear and conspicuous, and is unenforceable."

She seeks class certification, restitution, damages and punitive damages for breach of contract, breach of faith, unfair business practices, and violations of California Business & Professions Codes.

She is represented by Joshua Haffner, with Kabateck Brown & Kellner.

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