A Pacific Palisade couple is seeking a court order that would force California insurance companies to hand over claims documents to claims documents after alleging delays in payments to repair their homes damaged by the fire.

Scott and Lissette Jungwirth's lawsuit alleges the California Fair Plan Association. Violation of bad faith, contract violations and other misconducts in seeking temporary restraining orders and injunctions to obtain photos of their on-site regulators as well as narrative reports of the regulators and communication with the program.

The Los Angeles County Superior Court lawsuit says the house still stands but is penetrated into the windows with soot, ash and fire debris. Tests conducted by professional hygienists allegedly found heavy metals, lead, cyanide and other pollutants that require removal, drywall and floor removal, and other repairs.

This forced the couple and their young daughter to stay in the hotel with friends and relatives and Airbnbs, but the plan failed to restore the house - and closed the documents so they could better understand the delays.

A spokesman for the Fair Plan said it had no response to pending lawsuits.

The lawsuit was filed by the same or two law firms (Edelson and Kerley Schaffer), which last month handled a lawsuit filed by 10 Fair Plan policy holders that accused the insurer of breach of the law and breach of the contract because the plan allegedly refused to investigate and pay for damage to the home suffered by Wildfire Sigms damage.

The fair plan retains it to cover claims for smoke damage required by law and pay for independent industrial sanitation workers as needed to correctly assess the level of remedy required for the home.

Monday's lawsuit also referred to the defendant as the state's largest family insurance company, including the state's farm general. The Los Angeles-based Fair Plan is operated by a California-licensed home insurer that manages the plan based on its weighted market share and shares the profits, expenses, and losses of the plan.

The State Farm General did not immediately respond to a request for comment.

Dylan Schaffer, one of Jungwirth's attorneys, claimed the plan did not hand over the adjustment documents because it showed that the home was severely damaged and needed more remedies than the plan was willing to pay for.

“Many of these regulators are telling the California Fair Plan: These homes are really seriously damaged,” he said. “They need all kinds of work. California’s Fair Plan cuts it.”

The lawsuit argues that the program has refused to hand over documents related to the claim for years, despite the 2001 legislation conducted by the Northridge Earthquake of 1994, which revised the insurance law and granted consumers the right to obtain such documents.

It also cites a Jan. 6 ruling in the Fresno County Superior Court that grants a fair plan policy holder that suffered wind losses in access to its claim documents in 2022. Schaffer, who also handled the case, said it involved the same problems encountered by Jung.

The ban request is the second lawsuit filed by fire victims on January 7 against the fair plan in the past two weeks. Altadena homeowner Luis Cazares sued the program on May 2, alleging malicious and breach of contract.

He claimed his home was living due to fire and smoke, but the plan paid only $55,850, which was not enough to fix it. The lawsuit notes that Altadena has more lead content than is considered safe, according to a study by Jet Propulsion Laboratory and Caltech.

The case was filed by Westlake Village Company Bradley/Grombacher and Aylstock, Witkin, Kreis & Overholtz, a personal injury and product liability company based in Pensacola, Florida, which handled large-scale infringement cases and filed lawsuits on behalf of the homeowner’s insurance company claims.

"I want to give him full comfort so that he can rebuild his life," said attorney Bryan Aylstock. "He paid the premium. He deserved it, which is a pity that he hasn't got it so far."

Lawyers said they intend to file other cases. Last week, they also filed a lawsuit against Southern California Edison, claiming the utility is maintaining its infrastructure, triggering the Eaton fire and exposing people nearby to the consequences of lead, asbestos and other toxic substances.

Edison officials have admitted that their equipment may have sparked a devastating fire, but warned that the cause is still under investigation.

The fair plan is also the subject of a double lawsuit caused by the January 7 fire of property owners against the state's top property and casualty insurance group.

The lawsuit filed last month accused the insurers of colluding to put homeowners in the plan and forcing them to pay, they paid higher premiums but had lower coverage, thus reducing the insurers’ liability – an effort that benefited them greatly after the catastrophic fire on January 7, as they were supporting the losses.

The Fair Plan is not called the defendant, but the Insurance Trade Group said the lawsuit “breaches logic and valueless claims ahead of time and we will focus on addressing the challenges of the California insurance market.”