Nov. 12, 2025
Before the ash settles California must learn from Katrina
California's wildfire litigation is echoing the post-Katrina struggle over causation, with courts now facing the pivotal question of whether smoke damage counts as "direct physical loss" -- a decision that will shape recovery for years to come.
After major disasters, certain legal questions tend to define the course of litigation. Following Hurricane Katrina, much of the dispute centered on wind versus water. In the wake of the January 2025 Los Angeles wildfires, a similar axis has emerged -- fire versus smoke. The parallels are striking, but the differences are equally revealing. For California lawyers, judges, and claims professionals, Katrina's lasting lesson is clear: identifying and resolving the central ...
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