Victory for California Homeowners: Court Orders California FAIR Plan to Hand Over Claims Documents
Victory for California Homeowners: Court Orders California FAIR Plan to Hand Over Claims Documents
Critical Ruling Affirms Your Right to See Insurance Inspection Records and Reports
In a major win for California homeowners, a Fresno court has ruled that the California FAIR Plan Association—the state’s insurer of last resort—must turn over inspection records, photos, and internal communications when requested by policyholders. This decision strengthens consumer rights and demands greater transparency in how insurance claims are handled.
The case, Ortega v. California FAIR Plan Association (Case No. 24CECG00294), was filed on January 23, 2024, in Fresno Superior Court. At the heart of the dispute was whether the FAIR Plan could legally withhold important documents related to a homeowner’s fire damage claim. These documents included inspection reports, adjuster notes, internal emails, and photographs taken during site visits.
The court ruled that under California Insurance Code Section 2071, insurance companies—including the FAIR Plan—are required to provide policyholders with all documents related to their claim within 15 calendar days of a written request. This law exists to ensure that homeowners can understand how their claims are being evaluated and to hold insurers accountable for fair treatment.
In the Ortega case, the homeowner had repeatedly asked for access to documents about the investigation of their claim, but the FAIR Plan refused to release them. The court found that this refusal was a clear violation of Section 2071.
What This Means for You
If you're a California homeowner with an insurance policy—and especially if you’re insured by the FAIR Plan—this decision is an important reminder that:
You have a right to see the records used to make decisions about your claim.
Insurance companies must provide those documents within 15 days of your written request.
These records include inspection reports, photographs, internal notes, and emails about your specific claim.
This ruling is especially meaningful for homeowners covered by the California FAIR Plan, which insures properties in high-risk areas that may be denied coverage elsewhere. Too often, consumers insured through the FAIR Plan feel powerless in the claims process. This court decision empowers homeowners by reinforcing their legal right to transparency.
What You Can Do
If you’re involved in a claim and believe your insurance company is withholding documents:
Submit a written request for all documents related to your claim under California Insurance Code §2071.
Keep a record of your request and follow up if you do not receive a response within 15 days.
Contact a consumer attorney or advocacy group if your insurer refuses to comply.
Transparency matters—especially when your home and financial future are on the line. The court's decision in Ortega v. California FAIR Plan is a step toward holding insurers accountable and making sure every Californian is treated fairly when disaster strikes.
If you have any questions or need any help with your legal matter, call the McGonigle Law for a free, confidential consultation at 1 (800) 713-5260.
