Aug. 27, 2026
Gut-and-Amend: California's Wildfire Liability Bailout? | Kabateck & Karnikian: Off the Record, Ep. 14
Brian Kabateck and Shant Karnikian unpack a last-minute California wildfire liability overhaul--and why they say its protections for utilities could ultimately leave insurance policyholders and taxpayers footing the bill.
In the final weeks of California's legislative session, utility companies are pushing a wildfire liability overhaul negotiated behind closed doors in Sacramento. Brian Kabateck and Shant Karnikian break down the "gut and amend" process that could fast-track the bill with little public scrutiny, and the specific asks on the table: weakening the state's strict liability and inverse condemnation standard, limiting insurers' right to subrogate against utilities, capping damages for things like emotional distress, and capping attorney fees, plus a proposed taxpayer-funded backstop for utility liability. They explain why each change shifts costs onto insurance policyholders and taxpayers rather than lowering rates, and why they expect the bill to be jammed through at the last minute.
Subscribe: www.youtube.com/@dailyjournalnews
Watch and listen to more episodes: www.dailyjournal.com/off_the_record
Comments or questions? Email network@dailyjournal.com
Learn more about Kabateck LLP: www.kbklawyers.com
Kabateck & Karnikian: Off the Record is opinion content independent of the Daily Journal newsroom. Opinions expressed are those of the hosts and do not represent the Daily Journal Network or the Daily Journal. Not legal advice.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com