Wildfire Smoke Complicates Winery Insurance

Smoke taint claims turn on whether wineries can document when grapes were exposed during increasingly overlapping wildfire and harvest seasons.

Winery and Vineyard

Across many wine-producing regions, wildfire seasons are increasingly overlapping with key points in the growing and harvest cycle, creating a broader category of risk for wineries and their insurers. A vineyard or winery may avoid direct fire damage and still face critical economic loss if smoke exposure affects grape quality during harvest operations or while harvested fruit is awaiting processing. As a result, smoke exposure is becoming a growing risk issue not only for viticulture and winemaking teams but also for insurance brokers, adjusters, and coverage counsel evaluating when a claimed loss occurred and how the condition of the product can be established.

Wildfire season often overlaps with harvest, which can create a heightened risk of smoke exposure for wineries. When smoke taint is suspected after grapes are picked but before fermentation, first-party property coverage questions tend to revolve around timing, documentation, and the quality of the testing record as much as they do the winemaking science. Wineries can put themselves in a stronger position by keeping their focus on objective facts that show when the fruit was harvested, how it was handled, and what the available data indicates about the condition of the product.

One common issue that often leads to disagreements between a winery and its property insurer is whether smoke taint occurred. A winery may believe smoke exposure or absorption took place after harvest during transport, staging, or short-term storage, while the insurer may contend the impact occurred while grapes were still on the vine. This distinction can matter under many property policies because coverage for growing crops and harvested stock can be treated differently depending on the policy language. The most practical way to reduce timing disputes is to treat post-harvest handling like a chain of custody process and maintain clear records that match how the fruit moved through the winery's system.

Helpful documentation typically includes harvest dates, vineyard block identifiers, bin or tote identifiers, weigh tags, receiving logs, transport routes and times, staging locations and conditions, crush and press schedules, and tank or barrel assignments by lot. Notes about observable conditions, such as smoke density, odors, or ash deposition, can also provide useful context when paired with the operational timeline. The goal is not to turn harvest into a dispute, but to present a coherent lot-specific narrative that reflects the winery's real-world handling and supports a clear understanding of when the condition likely developed.

Another recurring issue is an insurer's position that testing does not support taint. Differences can arise based on what was tested, when it was tested, how representative the samples were, and how results were interpreted in light of varietal and site conditions. Wineries can help by using reputable laboratories, documenting sampling methods, preserving samples where feasible, and combining analytical results with consistent sensory evaluation and controlled comparisons across lots. When results are mixed or early results are non-detect, follow-up testing at later stages may be appropriate because smoke impacts can evolve during fermentation and aging.

In the United States, smoke taint testing historically leaned heavily on guaiacol as a primary marker associated with smoky and ashy aromas. Today, many wineries are increasingly focused on panels that include phenols and, in particular, phenolic glycosides, because smoke compounds can be present in a bound form that may not show up clearly in early volatile testing and may become more apparent later as the wine develops. Another practical reason to avoid relying on guaiacol alone is that it can appear for reasons unrelated to wildfire smoke in certain production contexts, which can complicate interpretation. For wineries, a balanced and practical approach is staged testing tied to how the fruit and lots are handled: test representative samples by block and lot at harvest or receiving, consider additional testing after pressing and during or after fermentation when warranted, and keep the testing record aligned with lot segregation and production decisions. That combination of good science and good records helps the winery make better operational choices and, if an insurance claim arises, supports a clear and fair discussion of what the data shows.

Considering everything above, smoke taint claims are easier to evaluate and resolve when the winery can present a clear timeline, a consistent testing plan, and organized lot-level records that connect the science to real operational decisions. By documenting post-harvest handling with a heightened level of care and by using staged testing that includes both traditional markers and phenolic glycosides when appropriate, wineries can create a straightforward record for any coverage discussion.


Victor Jacobellis

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Victor Jacobellis

Victor Jacobellis is an attorney with Merlin Law Group.

Herepresents policyholders throughout California in complex commercial property, homeowners and insurance bad faith matters. He has additional experience in general liability, builder's risk, professional liability, marine and pollution coverage disputes.

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