On the heals of a decision from a federal district court that smoke damaged was a direct physical loss, the California Court of Appeal affirmed the trial court's grant of summary judgment to the insurer regarding the insureds' claim for loss due to smoke damage. Gharibian v. Wawanesa General Ins. Co., 2025 Cal. App. LEXIS 64 (Cal. Ct. App. Feb. 7, 2025). The prior, federal case, Bottega, LLC, et al. v. National Surety Corporation-Chicago, IL, 2025, U.S. Dist. LEXIS 5666 (N.D. Cal. Jan. 10, 2025) is here.

On October 10, 2019, the Saddle Ridge wildfire began in the foothills of northern Los Angeles County. The fire burned about half a mile away from plaintiffs' property. Plaintiffs' property did not suffer any burn damage. Debris still entered their home, however, with more debris falling outside their home and in their swimming pool. While there was the smell of wildfire smoke, it dissipated over time.

Plaintiffs' insurer, Wawanesa General Insurance Company, sent PuroClean to inspect the property. PuroClean prepared an estimate of $4,308.90 for what it would cost to clean the property. Plaintiffs did not hire PuroClean to do the work.