California gives disaster-loss owners longer clocks than many policies print: 24 months of living expenses, 36 months to collect replacement cost, and protected renewals after a total loss. To negotiate a claim, you need a public adjuster or attorney, not me.
What the Eaton Fire did here
The Eaton Fire started on the evening of January 7, 2025, near Altadena Drive and Midwick Drive. CAL FIRE’s incident figures: 14,021 acres burned, 9,419 structures destroyed, 1,076 damaged and 19 civilians killed, with containment on January 31.
Altadena is unincorporated, so planning, permits and fire-code rules come from Los Angeles County, which runs a one-stop permit center in Altadena for Eaton Fire rebuilds. The house going back up needs its own policy; builder’s risk for Altadena and Palisades rebuilds covers that.
The claim clocks California sets after a declared disaster
The Governor declared a state of emergency on January 7, 2025, which switches on Insurance Code rules that override shorter limits printed in a policy.
- Living expensesSection 2060: at least 24 months from the loss, subject to the policy’s other terms, and up to 12 more months when rebuilding is delayed by things outside your control, such as permits or contractor shortages. The dollar limit does not grow. After a total loss, your insurer must advance four months of living expenses if you ask.
- Replacement costSection 2051.5: at least 36 months from the first actual cash value payment to collect full replacement cost, with six-month extensions for delays beyond your control. If you were first paid in early 2025, that runs into early 2028.
- Proof of lossSince January 1, 2026, an insurer cannot require proof of loss sooner than 100 days after the loss, and must grant three-month extensions for good cause, such as an inventory being premature before rebuilding starts.
- Contents without an inventoryFor a total loss of a furnished primary home, the rule in force in January 2025 required insurers to offer at least 30 percent of the dwelling limit as a contents payment, up to a cap, without an itemized list. SB 495 raised the floor, effective January 1, 2026, to 60 percent of the contents limit, up to a higher cap; the law does not say it reaches earlier losses. You can still claim more with an inventory, on your own form and grouped by category.
Why rebuild cost, not market value, sets the limit.
Fire claim adjuster, public adjuster or broker: who does what
- Your insurer’s adjusterWorks for the insurance company, directly or as a hired independent adjuster, and charges you nothing.
- A public adjusterWorks for you on the claim and is paid by you, typically a percentage of the claim payments. California law does not cap that percentage. They must be licensed by the California Department of Insurance; check the license before you sign.
- Me, a brokerI place insurance and review coverage. I do not adjust claims, negotiate settlements or take any part of a claim payment.
A public adjuster’s contract must be on a Commissioner-approved form stating the fee percentage and what it applies to. After a declared disaster you can cancel within five calendar days of signing. The fee cannot leave you with less than your insurer paid before you signed, and the Department says it should be charged only on money the adjuster gets for you beyond that. Public adjusters may not solicit you while emergency responders are at the property or an evacuation order is still in effect, and may not solicit or contact you between 6 p.m. and 8 a.m. unless you asked them to.
The moratorium, and renewals after a total loss
The Commissioner’s Bulletin 2025-1 barred admitted and non-admitted insurers from cancelling or non-renewing homeowners, condo, mobile home and renters policies because of wildfire risk for one year from January 7, 2025, in 23 Eaton Fire ZIP codes, including Altadena’s 91001. It ended on January 7, 2026.
A total loss carries its own protection under section 675.1. The insurer must offer to renew for at least the next two annual renewals and no less than 24 months from the loss, cannot cancel while the house is being rebuilt except for narrow statutory reasons, and, if the rebuild is not finished at renewal, must consult with you and adjust limits and coverage to your changed exposure. For a January 2025 loss, that reaches January 2027.
AB 2038 (Chapter 917, Statutes of 2026), signed on September 30, 2026, takes effect January 1, 2027. It lengthens the post-fire moratorium to two years and the total-loss offer to three renewals and 36 months. The bill does not say whether January 2025 losses get the longer protection, so if your renewal falls near the second anniversary, ask your insurer in writing. What to do if you are non-renewed.
Houses that survived: smoke and ash claims
More than 13,000 claims after the Eaton and Palisades fires involved standing homes with smoke damage. On March 7, 2025, the Department of Insurance’s Bulletin 2025-7 told insurers that recent court decisions do not support the idea that smoke damage is never covered, that denying a smoke claim without an appropriate investigation is not reasonable, and that where professional testing is warranted the insurer is expected to arrange and pay for it. In June 2025 a Los Angeles Superior Court judge ruled the FAIR Plan’s smoke limits unlawful, including its rule that damage be visible or detectable by smell rather than shown by lab testing.
The Smoke Damage Recovery Act (AB 1795, Chapter 240, Statutes of 2026), signed on September 15, 2026, takes effect January 1, 2027. In a wildfire impact zone it creates a rebuttable presumption that smoke damage came from the fire when smoke, ash or soot is present, makes insurers pay for testing needed to restore the home, and bars them from ending living-expense coverage on a smoke claim before the home is cleared to occupy, within the policy limit. Its testing and living-expense rules apply to claims occurring from that date, so for an Eaton Fire claim, cite the bulletin.
- Ask for testing in writing and keep the results.
- Keep the remediation file: scope, invoices and clearance testing. The next underwriter will ask.
Getting insured again in Altadena
If you have been non-renewed, the California FAIR Plan, the state’s insurer of last resort, may be where coverage starts. Its dwelling policy is basic property coverage built around fire, and the FAIR Plan recommends pairing it with a difference-in-conditions policy for what a homeowners policy normally adds, such as liability, theft and water damage. How FAIR Plan and DIC work together.
Underwriters will look up your fire hazard severity zone. A Los Angeles Times analysis found only about a fifth of Altadena properties inside the fire perimeter were in a very high zone on CAL FIRE’s older maps. The State Fire Marshal issued new local-responsibility-area maps for Los Angeles County on March 24, 2025, and the County Fire Department took the ordinance adopting them to the Board of Supervisors in July 2025. Check your parcel’s current zone before you shop.
Under the state’s Safer from Wildfires rules, insurers that price for wildfire risk must give discounts for steps such as a Class A roof, ember-resistant vents, enclosed eaves, upgraded windows, a cleared five-foot zone and defensible space. A house rebuilt to current wildfire code checks many of those boxes, so keep the specs and inspection records. How the discount works.
What to send me
- Your declarations page, current and the one in force in January 2025.
- Any renewal, non-renewal or cancellation notice, with its date.
- Where the house stands: destroyed, rebuilding, standing with smoke damage, or undamaged.
- For a rebuild: permit status, contract and expected completion date.
- For a standing house: testing results and remediation records.
- Roof and hardening: roof material and year, vents, windows, and dated photos of the five-foot zone.
- Your FAIR Plan declarations, if any, and your lender’s requirements.
Common questions
Are you a public adjuster for Eaton Fire claims?
No. I am an insurance broker: I place and review insurance going forward, and I do not adjust claims. Public adjusters must be licensed by the California Department of Insurance.
How do public adjusters get paid after a fire in California?
Usually a percentage of claim payments, set in a contract on a Commissioner-approved form; California sets no cap on the percentage. After a declared disaster you can cancel within five calendar days.
How long do I have to collect replacement cost after the Eaton Fire?
At least 36 months from your insurer’s first actual cash value payment, with six-month extensions for delays beyond your control.
How long will insurance pay living expenses after the Eaton Fire?
At least 24 months from the loss, within your policy’s limit, plus up to 12 more months if rebuilding is delayed beyond your control.
Can my insurer non-renew my Altadena home now?
The one-year moratorium ended January 7, 2026. After a total loss, the insurer must offer at least two renewals and 24 months from the loss; otherwise non-renewal is possible.
Does homeowners insurance cover smoke damage from the Eaton Fire?
It can, depending on the wording and the damage. The Department of Insurance has told insurers to investigate smoke claims rather than deny them outright, and to pay for professional testing when warranted.
General information about home insurance in Altadena after the Eaton Fire as of October 2026, not legal advice. Insurance Code deadlines, Department of Insurance bulletins, laws taking effect January 1, 2027 and fire hazard maps change; read your policy and your insurer’s letters, call the Department of Insurance consumer hotline with claim questions, and check your parcel’s zone and permit path with Los Angeles County. Coverage depends on underwriting and the terms, conditions and exclusions of the policy actually issued.