Spokane Wildfire Insurance Claims: Your Rights After the Old Trails, Autumn Lane, and Fairview Fires
The wildfires that swept across the Spokane area this weekend have caused devastating losses for our neighbors. The Old Trails Fire, together with the Autumn Lane Fire and the Fairview Fire, burned more than 5,000 acres and destroyed hundreds of homes and other structures, with fire officials warning the final count will climb higher. The Indian Trail and Five Mile Prairie neighborhoods were hit especially hard, and evacuations reached communities from the West Plains to Mead, Suncrest, and Medical Lake. If you have lost your home or your business, please know first that your safety and your family come before any paperwork.
When you are ready, this guide explains the practical steps to protect your insurance claim and, just as important, what to do if your insurance company denies your claim, drags its feet, or offers far less than your loss is worth. As a Spokane attorney who represents homeowners and business owners against insurance companies, I want people in our community to know their rights before an insurer takes advantage of a terrible situation.
Already fighting with your insurer, or worried you will be? Hogue Law Firm offers a free, confidential consultation to Spokane-area homeowners and business owners affected by the fires. There is no fee to talk, and no obligation. Call (509) 934-1998 or request a free case review.
First steps to take after a wildfire loss
Washington's Office of the Insurance Commissioner (OIC) publishes a helpful checklist of steps to take after home damage or loss. Building on that guidance, here is what matters most in the days ahead:
1. Return only when officials say it is safe, then document everything. Before you clean up, throw anything away, or make permanent repairs, photograph and video every room and every damaged item. This visual record is often the single most valuable thing you can create for your claim. If you must make emergency repairs to prevent further damage, keep the receipts.
2. Find your policy and open your claim promptly. Contact your insurer or agent to start your claim as soon as you reasonably can. Ask what they need and provide it promptly, including where you can be reached if you cannot live in your home. Ask for a complete copy of your policy, including all endorsements and the declarations page.
3. Keep track of your additional living expenses. If your home is unlivable, most homeowners policies include Additional Living Expenses (ALE) coverage for temporary housing, meals, and related costs above your normal spending. Save every receipt and keep a running log.
4. Keep copies of everything and write down every conversation. Save all correspondence, claim numbers, and estimates. After each call, note the date, who you spoke with, and what was said.
5. Be careful what you sign. You have the right to choose your own licensed contractor. Be cautious about signing an "assignment of benefits" form, which can allow a contractor to settle your claim directly with the insurer without your approval. Never sign a full release or accept a "final" payment unless you are certain it covers your entire loss.
Smoke and ash count, too. Even if your home is still standing, smoke, soot, and ash can cause serious and sometimes hidden damage to the structure, ductwork, and belongings. This damage is typically covered. Do not let anyone dismiss a partial loss as "just cosmetic."
For homeowners: know what your policy actually owes you
Replacement cost vs. actual cash value. With replacement-cost coverage, the insurer generally must pay what it costs to rebuild or replace today — not a depreciated value. Watch for offers that quietly pay only "actual cash value."
Total losses and policy limits. When a home is a total loss, your dwelling limit may come into play. Underinsurance and rebuilding-cost disputes are common.
Building-code upgrades. Rebuilding to current code can cost more than the original construction. Many policies include ordinance-or-law coverage for this — make sure it is applied.
Personal property. You are usually entitled to reimbursement for your belongings. A thorough, room-by-room inventory protects this part of your claim.
For business and commercial property owners
If the fires damaged or destroyed your commercial building, inventory, or equipment, your losses go beyond the physical property. Commercial policies commonly provide:
Building and business personal property coverage for the structure, fixtures, inventory, and equipment.
Business interruption (business income) coverage that replaces lost revenue while you cannot operate.
Extra expense coverage for the added costs of getting back up and running.
Business interruption claims are frequently underpaid because they require detailed financial proof of what your business would have earned. Preserve your financial records, document the full closure period, and have your policy reviewed so every category of loss is claimed. For many small businesses, the business-income portion is worth more than the building itself.
Warning signs your insurer may be acting in bad faith
Under Washington law, your insurer owes you a duty of good faith. Watch for these red flags:
Denying your claim without a clear, valid written explanation.
Unreasonable delay — repeated requests for the same documents, or long silences.
A settlement offer far below the real cost to rebuild, repair, or replace.
Pressuring you to accept a quick payment or sign a release while you are still in shock.
Failing to investigate, or refusing to inspect the damage.
Misrepresenting what your policy covers.
Refusing to pay Additional Living Expenses while your home is unlivable.
Your rights under Washington law
The Insurance Fair Conduct Act (IFCA). A first-party policyholder unreasonably denied a claim or payment may bring an IFCA action. The law requires written notice to the insurer and the Insurance Commissioner at least 20 days before suit, and allows a court to award your actual damages, potentially increase them, and award reasonable attorney fees and costs.
The Consumer Protection Act. Unfair or deceptive claim-handling practices can support a Consumer Protection Act claim, which also allows attorney fees and, in some cases, additional damages.
Common-law bad faith. Washington recognizes a separate claim for insurance bad faith when an insurer handles a claim unreasonably.
State claim-handling regulations. Washington regulations set standards for how quickly and fairly insurers must investigate, communicate, and pay. Violations can support your case.
These are powerful tools, but they come with technical requirements and deadlines — one reason it helps to talk to an attorney early.
How a Spokane insurance attorney can help
If your insurer denies, delays, or underpays, an attorney levels the playing field: reviewing your full policy and the claim file, valuing your loss correctly (including ALE, code upgrades, and business income), handling communications so the insurer cannot use your words against you, and, when necessary, invoking IFCA and the Consumer Protection Act to hold the insurer accountable.
Christopher M. Hogue has represented Washington consumers since 2014, including in insurance bad-faith and claim-denial matters, and is based in downtown Spokane. Cases like these are frequently handled on a contingency basis — no attorney fee unless there is a recovery.
Talk to a Spokane wildfire insurance attorney — free. Call (509) 934-1998 or request a free case review. Hogue Law Firm · 827 W. 1st Ave., Suite 301, Spokane, WA 99201 · Serving all of Washington.
Frequently asked questions
What should I do first after a wildfire damages or destroys my home in Spokane? Once officials say it is safe to return, document everything before you clean up or make permanent repairs — photos and video, a written inventory, and receipts. Then open your claim promptly and keep copies of every document and a log of every conversation. If your home is unlivable, most policies pay Additional Living Expenses.
What is insurance bad faith in Washington? Your insurer owes you a duty of good faith. Bad faith is unreasonable or unfair claim handling — denying a covered claim without a valid basis, unreasonable delay, lowball offers, failing to investigate, or misrepresenting your policy. IFCA and the Consumer Protection Act provide remedies that can include additional damages and attorney fees.
My insurance company denied or lowballed my claim. Can I fight it? Yes. A denial or low offer is not the final word. Dispute it, request a written explanation and full policy copy, submit more documentation, and ask for a re-inspection. If the insurer still won't treat you fairly, an attorney can pursue the full amount you are owed.
Does insurance cover smoke and ash damage if my house did not burn down? Often, yes. Standard homeowners policies typically cover fire, smoke, soot, and ash. Even a home that did not burn can suffer significant, hidden damage. Document it thoroughly, because insurers sometimes underpay these losses as "cosmetic."
I own a business that was damaged. What coverage might apply? Commercial policies commonly include building and contents, business interruption (business income), and extra expense coverage. Business-interruption claims are often underpaid because they require detailed financial proof, so preserve your records.
How long do I have to file a claim or a lawsuit in Washington? Report your loss to your insurer as soon as possible; policies impose prompt-notice and proof-of-loss deadlines. Separate legal deadlines apply to lawsuits, some shortened by the policy itself. Because these can be strict, talk to an attorney early.
Do I have to use the contractor my insurance company recommends? No. You may choose your own licensed contractor. Be cautious about signing an "assignment of benefits," which can let a contractor settle your claim directly with the insurer without your approval.
What is a public adjuster and can they assist me with my fire loss claim? A public adjuster is a licensed professional who works on your behalf to appraise or negotiate your property insurance claim. Sometimes it makes sense to work with a public adjuster before hiring an attorney. Our office works with public adjusters and is happy to assist you with recommendations.
How much does it cost to hire a wildfire claim attorney? Hogue Law Firm offers a free, no-obligation consultation. Many claim-denial and bad-faith cases are handled on contingency — no attorney fee unless there is a recovery — and IFCA allows a court to award attorney fees and costs. Call (509) 934-1998.