This is a guest editorial from Kenneth R. Feinberg and Camille S. Biros.
As ongoing consultants assisting Southern California Edison’s Wildfire Recovery Compensation Program, we are writing in to set the record straight, concerning the erroneous assumptions referenced in Ms. Carollo’s Jan. 6 article. The SCE Wildfire Recovery Compensation Program tracks many of the successful, similar programs we have designed and administered after such tragedies as 9/11 and the Deepwater Horizon oil rig explosion in the Gulf of Mexico.
First, the compensation program is purely voluntary; no individual asserting a claim as a result of the Eaton Fire is required or mandated to participate.
Second, an individual may participate in the program, and receive a compensation offer, without waiving any legal rights. It is only when the amount offered is deemed satisfactory and is accepted that the individual waives the right to sue. Until then, a claimant can continue to pursue all litigation options.
Third, based upon our experience in similar programs like 9/11 and Deepwater Horizon, the SCE program has already achieved success in reviewing claims, offering substantial amounts to eligible claimants and receiving individual claimant acceptances. The program is still in its early stages; it will continue to accept claimant submissions until Nov. 30, 2026.
Finally, and most importantly, we agree with Ms. Carollo that “insurance money and personal savings are running out for people who lost homes, livelihoods and loved ones in the fire.” This is why, when you compare the speed, fairness, efficiency and certainty of the current claims program (all submitted claims receive a settlement offer within 90 days of the complete submission), with the inherent delays, costs and uncertainty of conventional litigation, one can better understand why these unique compensation programs have proven to be so successful in bypassing the courts.
We are confident that the current wildfire program will be as successful as the ones we have administered over the past 25 years.
Kenneth R. Feinberg
Camille S. Biros
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