Wildfire smoke testing: the industrial hygienist picks the sample locations, not the policyholder
Merlin's post uses Wilson v. 21st Century to argue that on wildfire smoke claims the insurer cannot use the policyholder's suggested sampling locations as artificial boundaries, the industrial hygienist's professional judgment governs where samples are pulled, per the joint IICRC/RIA/CIRI Technical Guide. Concealed spaces (attics, HVAC, crawlspaces) need to be tested even if not explicitly requested by the homeowner.
Why it matters
If you're doing IAQ testing on smoke claims, the record you build for why you tested where you tested is now a coverage-fight artifact. "The homeowner didn't ask about the attic" is not a defensible sampling plan; "the CIRI Technical Guide requires professional judgment on concealed spaces" is. Contractors should be quoting the CIRI Guide in their reports.
The read
The habit is to sample where the homeowner points and where the damage is obvious. Sampling location is the variable that decides the claim, and concealed spaces are where the argument gets won or lost. Write the reason into every report: attics, ducts and crawlspaces tested because professional judgment and the technical guide require it, not because someone asked. Cite the guide by name.
How we got here
Storyline: coverage law 12 stories so far
- 5 earlier stories on this storyline
- Coverage law: nine lessons for Palisades/Altadena wildfire-smoke claims (Pollock v. Federal)
- Florida claims lawsuits down to ~half of 2020 levels, reform is "working"
- Ohio Supreme Court: once you sign the appraisal award, it's closed, even if you find more damage
- Florida appeals court wipes out a $335K cast-iron pipe verdict for having no basis in evidence
- Appeals court kills the "cosmetic damage" escape hatch on hail-dented roofs
- State Farm's hail playbook is under active discovery in 5 named cases
- Wildfire smoke testing: the industrial hygienist picks the sample locations, not the policyholder You are here
Read next
Sources Property Insurance Coverage Law Blog, www.propertyinsurancecoveragelaw.com/blog/wh… (published ). Case: Wilson v. 21st Century, 42 Cal. 4th 713 (2007). Referenced standards: IICRC / RIA / CIRI Technical Guide (Dec 2025); CA DOI Smoke Claims Task Force Report (March 9, 2026).
Legal + Association standard. High confidence
Terms in this story: IICRC