About the Course
Introduction
This CLE webinar will offer practical guidance for navigating and resolving insurance disputes arising from damage to property that survived a wildfire but remains uninhabitable or unusable for its business purposes. The panel will discuss key cases for developing strategies and how the California Smoke Damage Recovery Act will impact these claims in California and may indirectly influence practice in other jurisdictions.
Description
Residential or commercial properties that are still standing in whole or in part after a wildfire are usually far from damage-free. Wind can send the byproducts of burning, including cyanide, lithium, asbestos, and lead, into every crevice of a structure and the property in it. The parties frequently reach an impasse over whether a structure can be cleaned and restored or whether it needs to be demolished and replaced. Counsel need to understand the damage, how complex these wildfire claims are, what causes these impasses, and strategies and practical tools to help break through.
The problem is exacerbated for many reasons. No two claims are exactly alike, and counsel in each dispute usually have to forge their own path forward. A team of experts is needed to understand and document the damage. Some commentators suggest that few insurance adjusters have experience with smoke or extreme heat claims, and many of those who do are retiring. There are no industry or statutory standards for measuring wildfire smoke damage or for determining whether the damage can be or has been corrected, or to what level, much less when a smoke-damaged structure should be considered safe. California enacted the first state law addressing these concerns, the Smoke Damage Recovery Act, but it does not take effect until Jan. 1, 2027, no regulations have been promulgated to implement it, and it will not apply in other states.
Listen as our panel of experienced attorneys offers insights and practical tools for representing clients in wildfire damage claims where the structure has survived and damages arise from wind and smoke.
Presented By
Ms. Charlin is a Partner at Kabateck LLP, where she represents plaintiffs in high-stakes litigation involving personal injury, products liability, mass torts, wrongful death, property damage, and insurance bad faith. Known for her relentless advocacy and strategic litigation skills, Ms. Charlin has recovered over $200 million on behalf of her clients. Her practice spans a wide array of complex civil matters, from representing policyholders in insurance coverage disputes to securing justice for victims of catastrophic wildfires and defective products. Ms. Charlin is particularly proud of her role in obtaining more than $100 million for victims of the Woolsey Fire and securing multimillion-dollar recoveries in insurance bad faith and product defect cases. Recognized for her excellence in advocacy, Ms. Charlin was named one of California’s Top 40 Under 40 Lawyers by the Los Angeles Daily Journal in 2023. She has also been selected to the Southern California Super Lawyers Rising Stars list for six consecutive years (2020–2025).
Mr. Karnikian is a trial attorney and Managing Partner of Kabateck LLP. He handles contentious and high-stakes cases in a variety of practice areas. Mr. Karnikian's practice focuses on insurance bad faith, catastrophic personal injury, and consumer class actions. During his time with the firm, he has honed his skills as a litigator and trial lawyer while recovering in excess of $100 million for clients. Mr. Karnikian has spent his entire career seeking justice on behalf of people who have been wronged and fighting insurance companies and corporations that put profits over people. He received his law degree from Loyola Law School, where he was awarded the Dennis & Anne Beaver Scholarship for exceptional academic merit and community service. Mr. Karnikian has spoken on the topics of insurance bad faith, handling wildfire claims, and trial techniques at legal education panels hosted by the various industry organizations and institutions such as the Consumer Attorneys of California (CAOC), the Consumer Attorneys Association of Los Angeles (CAALA), the San Francisco Trial Lawyers Association (SFTLA), and Loyola Law School.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, November 10, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Unique aspects of wildfire claims
II. New California Smoke Damage Recovery Act
III. Finding potential coverage and evaluating policy language
A. Businesses
B. Homes
IV. Claims strategies
V. Selecting experts
VI. Settlement negotiation
VII. Appraisal
VIII. Litigation
The panel will review these and other pivotal questions:
- What are threshold coverage issues related to smoke and wildfire damage?
- What are the most significant exclusions that have to be considered in wildfire claims?
- What are best practices when submitting claims?
- What experts are needed to assess the damage, and which ones should be prioritized if choices have to be made?
- How do the parties balance mitigation and evidence preservation?
- What types of first-party commercial insurance policies may provide coverage?
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Ethical Duties of Insurance Defense Counsel to Preserve Coverage
Thursday, November 12, 2026
1:00 PM ET/10:00 AM PT
