Updates on the Hermit’s Peak Fire Lawsuit

Reg Reinoso

Author

July 2024 Update from Attorney Mikal Watts

In the latest developments regarding claims under the Hermit’s Peak / Calf Canyon Fires Assistance Act, our team at Watts Law Firm LLP has been meticulously navigating the complexities introduced by FEMA’s novel compensation program. Historically, FEMA has outsourced such critical tasks to third-party professionals; however, in this instance, the agency chose to manage the program internally. This shift in approach has unfortunately resulted in several operational hiccups, including delays in publishing final rules and the essential Proof of Loss form required for claim submissions. These delays have hindered the timely processing of claims, impacting those affected by the fires.

Despite these challenges, FEMA recently instituted new policies to address smoke damage and evacuation costs, which necessitated the creation of new forms. Our clients have demonstrated commendable diligence in responding to these changes, promptly fulfilling any new requirements set forth by FEMA. This cooperative effort is crucial as it facilitates the thorough evaluation of claims by FEMA.

Our team has noted significant improvements in the efficiency of FEMA’s evaluation program. We engage in regular communications with FEMA, including daily calls and weekly two-hour Zoom meetings, which involve a dozen FEMA team members. These sessions are vital for addressing immediate needs and clarifying any outstanding issues.

In addition, we have organized four meetings between FEMA’s subject matter experts and our specialists to reconcile differences and align on various damage assessments, including arbor loss, erosion control, structure rebuild, and smoke damage. Through these collaborative efforts, we have already achieved increases in certain assessment areas, such as fencing costs, and anticipate further adjustments.

Letters of Determination Now Being Received for Our Clients

As of the latest update, our office has received 131 Letters of Determination (LODs). Upon receipt, we conduct a comprehensive review of each LOD against our submissions, advising our clients on whether to accept the determination or to appeal, based on the potential to enhance the award. It is imperative to remember that the decision to appeal is ultimately yours; our role is to provide guidance for you to make your choice based on our assessment of the possible outcomes.

As we continue to advocate for increased awards and navigate the appeal process, which we anticipate may take an additional 2-5 months, we remain committed to ensuring that FEMA fulfills its obligations by year’s end. Our dedication to securing the funds our clients deserve as swiftly as possible is unwavering, and we will continue to work tirelessly on their behalf. Please contact our office for any questions you may have regarding these claims. 

This update is for informational purposes only and is not a substitute for legal advice.