A Cohasset couple is suing the California FAIR Plan and several major insurance carriers after their home sustained smoke damage during last summer’s devastating Park Fire.
The Park Fire began on July 24, 2024, when Ronnie Dean Stout II, 42, pushed a burning car into brush in Upper Bidwell Park, then walked away. Fueled by record heat, dry conditions, and steep terrain, the fire quickly spread out of control, burning more than 429,000 acres across Butte and Tehama counties before it was fully contained on September 26. Entire communities, including Cohasset, were evacuated as hundreds of homes were destroyed. Authorities say the fire is the largest arson-caused wildfire in California history.
Anne Yates and Patrick Proctor’s home on Cohasset Road survived the massive wildfire, but the couple says it was left uninhabitable due to smoke infiltration.
Their lawsuit alleges the California FAIR Plan and a group of insurers — including State Farm, Allstate, Nationwide Mutual, and Safeco — refused to pay for necessary repairs.
According to their attorney, Dylan Schaffer of Kerley Schaffer LLP, the insurance companies advised the couple to clean the home themselves and move back in.
“The FAIR Plan simply did not conduct an adequate investigation and told them that they should clean the home themselves and move back in,” Schaffer told CBS 13. “That advice is not only contrary to California law, it’s dangerous.”
The lawsuit was filed in Butte County Superior Court in March and seeks unpaid benefits, consequential damages, attorney’s fees, and emotional distress.
Because both homeowners were over 65 at the time, they are also seeking triple damages under California law.
The next case management hearing is scheduled for September.
Schaffer says the refusal to cover smoke damage is part of a long-standing pattern.
“The FAIR Plan’s position — and this has been consistent across thousands of wildfire claims — is that homes aren’t damaged, they’re just dirty,” he said. “Because insurance covers damage, not dirt, they avoid paying claims. But smoke damage can be severe, and cleanup is expensive.”
ABOUT THE PARK FIRE
- Start Date: July 24, 2024
- Containment Date: September 26, 2024
- Size: 429,603 acres
- Structures Affected: 709 destroyed, 54 damaged
- Cost: $351 million in suppression efforts
- Counties Burned: Butte and Tehama
The Park Fire was the largest wildfire in California in 2024 and the fourth largest in state history. It ignited in Chico’s Bidwell Park during extreme heat and dry conditions, then rapidly expanded into the Ishi Wilderness and Lassen National Forest.
Authorities say the fire began when 42-year-old Chico resident Ronnie Dean Stout II became stuck in dry grass in his mother’s Toyota Yaris and allegedly set off the fire while trying to free the car. Witnesses claim Stout pushed the burning car down an embankment before fleeing. He was arrested the next morning and later charged with reckless arson. At the time, he was on probation and had two prior felony convictions.
