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After just over two months, Southern California Edison has drawn more than 1,800 customers to a compensation program meant to settle scores of lawsuits against the company over the deadly Eaton Fire. As of Monday, the company has made offers to 82 of those who applied, Edison told CalMatters.
Edison spokesperson Kathleen Dunleavy said the pacing is ahead of what it anticipated.
Fire survivors, who have been providing feedback to Edison since before it launched the settlement program still have strong criticisms of the utility’s compensation effort, called the “Wildfire Recovery Compensation Program.” They complain that it requires participants to forego lawsuits against the company and blocks them from seeking further compensation for fire-related health claims. Many said the program’s payment caps, which limit the amount claimants can receive, were too low and enable Edison to pay less than the utility might otherwise owe should it be found responsible for the fire.
The Eaton Fire burned 14,000 acres of Los Angeles County in January and killed 19 people. While the official cause has not yet been determined, a leading theory is that Edison’s equipment sparked the blaze. The U.S. Department of Justice is among those who have blamed the utility for the fire.
Insurance money and personal savings are running out for people who lost homes, livelihoods and loved ones in the fire, they and their advocates say. Many are unhoused or facing housing insecurity. One survey estimated 80% of Altadena residents were still displaced by the fire as of October. The Eaton Fire Survivors Network, a prominent grassroots organization, called on Edison to provide up to $200,000 per displaced household “based on verified costs” to help cover housing costs.
“It’s Edison’s responsibility to solve all of this,” Joy Chen, executive director of the group, said. “It’s their fire."
About $7.6 billion in insurance claims related to the Eaton Fire were paid out as of November, according to the California Department of Insurance, the most recent figures available. About 90% of the payout was for residential property.
Edison offered a collective total of $34.4 million to settle the 82 claims, and none of the offers were declined, it said.
In an interview with CalMatters, Pedro Pizarro, CEO of Edison International, said that about half of the claims that received an offer from Edison as of December were for total losses, and about half were related to smoke and ash damage. While he did not provide specific numbers, Pizarro said that the claims were spread across geography, income levels and home values. Many of those that have been made offers are part of the program’s fast-track option.
At a Dec. 16 press conference held by the survivors network, displaced residents spoke about how unstable housing and the loss of their homes has affected their lives. Gabriel Gonzalez, a plumbing company owner, lost his home, business and about $80,000 worth of tools in the fire. He lived out of his car for an extended period before receiving a small amount of financial assistance that helped him stay in a rental for a few months. But that money is expected to run out this month.
“As of the first of January, I’ll probably be back in my car,” he said at the event.
Pizarro told CalMatters that Edison will not be providing money to residents for housing outside of its compensation program, citing the need to validate expenses. The survivors network request for housing cost assistance was limited to verifiable costs.
One criticism of the program was that children do not receive the same compensation as adults. Under the current version of the program, children receive between 50% and 65% of the compensation adults receive for a loss of their residency, depending on the damage category. If their primary home that they live in was destroyed, adults would get $115,000 and children would receive $75,000. These rates are slightly higher than a draft version of the plan Edison released in the fall.
An open letter at the time from the Eaton Fire Survivor’s Network said giving children less than an equal valuation to adults “treats their suffering as lesser when it is, in reality, greater.”
Pizarro said Edison went with a lower valuation because children often don’t receive as much as adults do under similar programs and adults “end up bearing more responsibility and more cost” for the household and “arrangements for the children.”
“The reality is that adults carry much more burden here,” he said, “and so it’s fair that they, you know, that we have more compensation targeted at the adults.”
Another frustration those affected by the fire expressed was the requirement that participants waive their right to sue the company. Legal representatives of fire survivors who are suing the company cautioned that the settlement program through Edison could short people of any damages and suffering compensation a court might award, as well as potential long term health care compensation or monitoring.
“We are approaching this as a way to settle litigation,” Pizarro said. “It is a form of legal settlement, and legal settlements are typically settlements of all matters, otherwise they’re not really, you know, they’re not really a conclusion to litigation.”
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
