Does additional living expense coverage stop after 24 months in California?
Not necessarily: for a home lost on January 7, 2025, when the Palisades and Eaton fires began, the 24-month mark is January 7, 2027. California law makes 24 months a minimum and adds up to 12 more months for delays beyond your control, but your policy's other terms still apply. Those terms include a dollar limit the extra time does not raise, so the money can run out first.
The short version
- After a declared disaster, California law keeps additional living expense coverage open at least 24 months from your date of loss.
- If delays beyond your control slow a rebuild you pursue in good faith and with reasonable diligence, your insurer must add up to 12 months.
- California's 24-month rule does not raise your policy's dollar limit for living expenses, and your policy's other terms still apply.
- Before the 24-month mark, ask your insurer in writing for the extension, and attach proof of each delay beyond your control.
What California's 24-month rule says
Additional living expense coverage, often shortened to ALE, pays the extra cost of living elsewhere while a covered loss keeps you out of your home. Many policies call it loss of use.
The Department of Insurance lists housing, food, utility hookups, extra travel to work or school, storage and furniture rental among the costs it can cover.
California Insurance Code section 2060 sets the rule after a loss tied to a declared state of emergency. The coverage "shall be for a period of no less than 24 months from the inception of the loss, but shall be subject to other policy provisions."
Then the law adds time. An insurer "shall grant an extension of up to 12 additional months, for a total of 36 months," when delays beyond your control slow the rebuild. You must be acting "in good faith and with reasonable diligence."
After that, the law says, "Additional extensions of six months shall be provided to policyholders for good cause."
The 24 months are a minimum: what happens after them depends on the extensions and your policy's terms.
| What it gives you | Where it comes from | |
|---|---|---|
| At least 24 months | Coverage stays available at least 24 months from the date of loss. | Insurance Code section 2060 |
| Up to 12 more months | For delays beyond your control, if you act in good faith and with reasonable diligence. | Section 2060 |
| Six-month extensions | Provided after that for good cause. | Section 2060 |
| Four-month advance | On request, after a total loss. | Section 2061 |
| A list of covered costs | Your insurer must give you one. | Section 2060 |
| Smoke-damaged homes | From January 1, 2027, coverage in the fire's ZIP codes cannot end before the home is cleared, within the policy limit. | Section 2060.1, added by AB 1795 |
| Your dollar limit | Not raised by any of these rules. | Your policy's declarations page |
What happens at the two-year mark for the January 2025 fires?
The Palisades and Eaton fires both started on January 7, 2025, and the Governor declared a state of emergency that day.
For a home lost that day, 24 months from the loss runs to January 7, 2027. If your claim file shows a later date of loss, count from that date instead.
The law does not make that date a cutoff. Its own examples of delays beyond your control are permit delays, a lack of building materials and a lack of contractors.
If any of those slowed your rebuild, ask for the extension, up to 12 more months, before the date passes.
A smoke-damaged home that still stands can qualify for living expenses too. In a February 5, 2025 alert, the Department of Insurance addressed homes a health department or other agency finds unsafe. In its words, the insurer "should extend ALE benefits until your home is deemed safe to live."
United Policyholders, a nonprofit that helps disaster survivors, surveyed 675 households hit by the January 2025 fires from January 6 to February 17, 2026. Among those whose homes burned, 27% expected their coverage to run out before the two-year mark, and 21% did not know. Among those whose homes still stood, 38% expected the same, and 37% did not know.
A separate rule protects the policy itself: after a total loss in a declared disaster, your insurer must offer to renew it. The moratorium and renewal rules explain how long.
Does the 24-month rule raise your dollar limit?
No. The law sets how long the coverage stays available, not how much it pays.
The Department of Insurance warned in February 2025 that "some policies may have a dollar limit that could be exhausted prior to these time limits ending."
Find your limit on the declarations page, the summary at the front of your policy. Look for loss of use or additional living expense, and ask your insurer in writing how much is left.
After a total loss in a declared disaster, you can ask for at least four months of living expenses in advance (Insurance Code section 2061). After that, the insurer pays as you show proof of your costs.
On a FAIR Plan dwelling policy, the matching coverage is called Fair Rental Value. The Department said in January 2025 that the four-month advance applies to it as well.
How do I ask my insurer for the extension?
Ask in writing, before the 24-month mark, and say how much more time you need and why.
United Policyholders suggests sending the request at least two weeks before the deadline, with documents that show the delays were out of your hands.
Also ask for the insurer's list of living costs it believes your policy covers. Section 2060 requires the insurer to provide one.
California's claim rules require your insurer to give a complete response to a written question about your claim within 15 calendar days.
Keep a copy of everything you send, and gather proof like this:
- Permit records that show when you applied and when the city or county acted.
- Letters or emails from your contractor or architect that explain each delay.
- Supplier notices about building materials on back order.
- Receipts for every living cost since the fire, kept in date order.
What changed for living expenses after the 2025 fires
Two 2026 laws build on section 2060, each from its own start date.
AB 1795, the Smoke Damage Recovery Act (Chapter 240, Statutes of 2026), applies from January 1, 2027. For a smoke damage claim in the fire's ZIP codes, it bars an insurer from ending the coverage until the home is restored and "cleared for human occupancy."
The policy's dollar limit still applies. The law does not say whether this rule reaches claims from before January 1, 2027, so ask your insurer in writing.
SB 876 (Chapter 656, Statutes of 2026), which the Department calls the Disaster Recovery Reform Act, rewrites section 2060 starting January 1, 2028. It keeps the 24 months and the extensions.
From January 1, 2028, coverage also runs 15 days past the day the home is deemed livable, so you can move back. From then on, the whole section, the 24 months included, applies only to your main home.
From January 1, 2028, a policy that caps living expenses cannot be sold or renewed without an offer of at least 50% more, with its price.
What if I buy a home instead of rebuilding?
If your home was a total loss, California law lets you buy an existing home elsewhere and still collect the replacement cost your policy covers.
The payment is capped at what rebuilding at the old address would cost, and the insurer may not subtract the value of the new land (section 2051.5).
After a declared disaster, you have at least 36 months from the insurer's first payment for the house to collect the full replacement cost.
Living expenses work differently. United Policyholders says this coverage generally lasts only until you rebuild, replace your home or find permanent housing, and your policy's wording decides it.
So before you sign for a new home, ask your insurer in writing when your living expense payments will end.
Questions people ask us
Will my additional living expenses stop on January 7, 2027?
Additional living expense coverage does not have to stop at 24 months. California law makes your insurer add up to 12 more months if delays beyond your control slow a rebuild you pursue in good faith and with reasonable diligence. Your policy's other terms and its dollar limit still apply, so ask your insurer in writing before the 24-month mark.
What counts as a delay beyond my control?
California's living expense law names three examples: unavoidable construction permit delays, a lack of building materials, and a lack of contractors to do the work. The law says its list is not complete, so describe any other delay you faced and send proof.
Can I get living expense money before I spend it?
Yes, after a total loss in a declared state of emergency. California Insurance Code section 2061 requires an insurer, on your request, to advance at least four months of living expenses. More payments follow as you show proof of your costs.
Does the extra time raise my policy limit?
No. California's time rules set how long living expense coverage stays available, not how much it pays. The Department of Insurance warns that a dollar limit can run out first, so check the declarations page of your policy.
What can I do if my insurer refuses the extension?
Ask the insurer for its reason in writing, and send any proof of delays you have not sent yet. You can also file a request for assistance with the California Department of Insurance on its website, insurance.ca.gov. United Policyholders, a nonprofit, helps survivors with these claims at uphelp.org.
Sources
- California Insurance Code Section 2060California Legislative Information
- California Insurance Code Section 2061California Legislative Information
- California Insurance Code Section 2051.5California Legislative Information
- Insurance coverage for additional living expenses if the home is not habitable due to a wildfireCalifornia Department of Insurance
- Bulletin 2025-2: Important Existing Consumer Protections for Wildfire Survivors, Including Advance Claim PaymentsCalifornia Department of Insurance
- Bulletin 2025-1 (Amended): Mandatory Moratorium on Cancellations and Non-Renewals of Policies of Residential Property InsuranceCalifornia Department of Insurance
- AB-1795 Smoke Damage Recovery ActCalifornia Legislative Information
- SB-876 Fire and residential property insuranceCalifornia Legislative Information
- 2025 Los Angeles Wildfires: Year One Insurance and Recovery Survey ReportUnited Policyholders
- Getting an insurer to extend Additional Living Expense/Loss of Use Benefits (CA Only)United Policyholders
- ALE benefits while looking for replacement homeUnited Policyholders
- California Code of Regulations, Title 10, Section 2695.5Legal Information Institute, Cornell Law School
- Palisades FireCAL FIRE
- Eaton FireCAL FIRE