February 19, 2026
Not long ago, a family that lost everything in a fire had to spend months listing every belonging they owned, room by room, before the insurance company would pay for any of it. They did that while living in a hotel. As of January 1, 2026, California changed the rules for personal property fire claims after a total loss, and most homeowners still don’t know it.
The law is Senate Bill 495. Here is what it requires, where the fight over your contents claim usually still happens, and how to build a claim that holds up.
What SB 495 requires after a total loss
Under Insurance Code section 10103.7, when a primary home is a covered total loss resulting from a declared state of emergency, the insurance company must offer a payment under your personal property coverage of at least 60 percent of your policy limit, up to $350,000. It has to make that offer without requiring you to file an itemized claim.
The previous rule paid 30 percent, up to $250,000. The new rule doubles the percentage and raises the cap by $100,000. Here is what that looks like in practice:
If your contents limit is $400,000, 60 percent is $240,000. If your limit is $600,000, 60 percent would be $360,000, but the payment is capped at $350,000. Either way, that money can reach you before you’ve catalogued a single item.
The rule is written for primary residences. If you lost a second home, a rental, or you had a partial loss, this specific payment may not apply, and you should have your policy reviewed.
The payment is a floor, not a ceiling
The 60 percent payment is the least your insurance company has to offer without an inventory. It isn’t the most you can recover. Your contents coverage is capped by your policy limit, and if your belongings were worth more than the advance, you can still document the difference.
That’s where families get hurt. An insurance company pays the advance, treats the matter as finished, and never mentions that you can claim more. Before you accept any contents payment, ask in writing whether it’s an advance on your contents claim, and don’t sign anything that calls it a final settlement.
You don’t have to use the insurance company’s inventory form
Some insurance companies send a long, company-specific spreadsheet and set a deadline to return it. Insurance Code section 2061 says that on a total loss of a primary residence, the insurance company can’t require its own form if you provide an inventory on a form with substantially the same information. Use whatever format works for you, as long as it shows the item, the quantity, the age, and the cost to replace it.
How to build a contents claim when everything is gone
The standard California fire policy expects an inventory showing quantities, costs, actual cash value, and the amount of loss claimed. When you have no receipts and no house, you build that from what survives somewhere else. Walk through your home in your memory, one room at a time, starting with the kitchen and closets because those hold the most items. Then look for proof outside the house.
Photos and videos on your phone or in cloud storage often show more than people expect, including the background of birthday photos and holiday videos. Credit card and bank statements show purchases. Online order histories from Amazon, Apple, and big retailers list items with dates and prices. Family members may have photos of your home. Tag every item with a brand, age, and replacement cost, and keep your own records in one place.
Don’t let a missing receipt stop you from listing an item. Insurance companies often act as if an item can’t be paid without one. The standard policy asks for an inventory, not a receipt for every item, and your own description and photos are evidence.
Where insurance companies still undervalue contents
The advance solves the cash-flow problem. It doesn’t solve the valuation problem. Insurance companies undervalue contents in a few predictable ways: assigning generic prices that ignore what you actually owned, applying heavy depreciation to items that don’t wear out the way the formula assumes, rejecting anything without a receipt, and capping high-value items like jewelry, art, and collectibles under sub-limits you may not have known about.
We see those tactics constantly, and they’re a big reason total loss claims get underpaid. In one claim, a homeowner’s contents payment grew from $35,000 to $120,000 after the items were properly documented and the depreciation was challenged. Every case is different, and past results don’t guarantee future outcomes, but the pattern is real: the first number is often not the final one.
What if your loss happened before 2026?
SB 495 took effect January 1, 2026. Whether it reaches a loss that happened before that date depends on the details of your claim. For the January 2025 Los Angeles fires, the Insurance Commissioner asked insurance companies to pay higher contents percentages without an inventory, but that was a request, not a legal requirement. If you’re a Palisades or Eaton fire survivor and your contents claim is still open, ask an attorney how the new rule and your policy apply, and keep an eye on your claim deadlines, because the time to sue is running.
If your contents claim was lowballed
You don’t have to take the first number. Our total loss fire claims team reviews your policy, rebuilds your inventory, and fights the depreciation and the pricing. Call (833) 324-5399 or schedule a free consultation. We work on contingency, so there’s no fee unless we win.
Frequently Asked Questions
What is SB 495?
SB 495 is a California law that took effect January 1, 2026. After a covered total loss of a primary home caused by a declared state of emergency, it requires insurance companies to offer at least 60 percent of your personal property limit, up to $350,000, without requiring an itemized claim.
How much contents coverage do I get after a total loss without an inventory?
At least 60 percent of your policy’s personal property limit, up to a maximum of $350,000. A $400,000 contents limit produces a $240,000 payment. A $600,000 limit is capped at $350,000.
Do I need receipts for a fire insurance contents claim?
You don’t need receipts to receive the SB 495 payment. For anything beyond it, insurance companies want proof, but proof isn’t limited to receipts. Photos, bank and credit card statements, online order histories, and your own detailed descriptions all count.
Can my insurance company make me use its inventory form?
Not after a total loss of a primary home. California law says the insurance company can’t require its own form if you give it an inventory on a form that has substantially the same information.
Can I claim more than 60 percent of my contents limit?
Yes. The 60 percent payment is the least the insurance company must offer without an inventory. You can document additional items and claim up to your policy’s personal property limit.
Does SB 495 apply to my second home or rental property?
The rule is written for a total loss of a primary residence. If your loss involved a second home, a rental, or a partial loss, have an attorney review your policy to see what applies.