CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, OCTOBER 3, 2025

Court Finds California FAIR Plan Unlawful

California shore

The Superior Court granted summary judgment to a policy holder who was issued a policy by the California's insurer of last resort, known as the FAIR Plan.

September 23, 2025
Tred R. Eyerly - Insurance Law Hawaii

The Superior Court granted summary judgment to a policy holder who was issued a policy by the California's insurer of last resort, known as the FAIR Plan. Aliff v. California FAIR Plan Association, No. 21STCV200095 (Super. Ct. California June 24, 2025).

Plaintiff sued the California Fair Plan Association (CFP) arguing that the property policies it issued unlawfully restricted claims for smoke damage after a fire. The second amended complaint asserted causes of action for declaratory relief and unfair business practices under California statute. Plaintiff moved for summary judgment.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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