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Arizona law says insurance companies need to act 'reasonably and promptly' on a claim. This couple found out what happened when the company doesn't.

A Mesa couple was traumatized after their neighbor set their house on fire. Then, things got worse when their insurance delayed payment until 12News got involved.

MESA, Ariz. — This is not a story about what happens when your neighbor sets fire to your house, your fence and your yard. It is not a story about a police report that mentions the neighbor walking around the house with matches and a gas can.

Though that is what happened, this is a story about an insurance company that wouldn’t pay.

At least, not until 12News started calling.

Lisha Davis and Kirill Corte had purchased their first home in 2022 when they started having problems with their neighbor. Court records would later show the man struggled with mental illness.

That became particularly dangerous on August 26, 2023. Davis and Corte heard the man shouting at them. Then, he approached their car and lit it on fire. 

As Davis was on the phone with 911, Corte tried dousing the flames.

Police reports would later describe that their neighbor – whom 12News is not naming because he is being evaluated for mental competence –  next, apparently walked around the house, shaking a red gas canister and throwing in a match.

“We were panicking,” Davis said. “I got a little bit hysterical because we were talking to the police and they had evacuated us down the street and we just saw when he had reset our house on fire and there was just this big plume of black smoke that came up from our house.” 

Their fence, yard and the mobile home itself were lit on fire.

Mesa police arrested the neighbor who faces charges of arson, endangerment and aggravated assault on an officer. 

The Mesa Fire Department saved most of the structure, but the damage was extensive. 12News reviewed estimates showing the couples faced thousands of dollars in repairs – which they expected would be covered by their homeowners insurance.. 

But as the days and weeks went by, they became less convinced, and contacted 12News in March, nearly seven months after the fire. 

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Corte and Davis shared texts, emails and phone messages to their homeowner’s insurance company, American Modern Insurance Group, that apparently went unanswered for weeks. 

The couple hired Aware Owner public adjusters to help negotiate with the insurance company. Aware Owner, LLC appraised the damages, working with the couple throughout the process, and pushed the insurance company for answers.  

Still, Corte and Davis continued waiting for payment. 

“The law really requires the insurer to act reasonably and promptly.” said attorney Pamela Witte, with Athena Law Group. Witte specializes in property and insurance law, and was not involved in this case. 

“If there are delays, they can be reasonable, but unreasonable delays are not permitted,” Witte said. 

Still she pointed out that “reasonableness” can be subjective. 

“The insurer can take as long as they need to,” Witte said. “There could be turnover of staff, or somebody out on leave, but I think I’m a little surprised by that timeline, generally speaking.” 

12News made multiple attempts through phone calls and emails to reach the insurance company. At times, 12News was able to speak to public service representatives, but none were authorized to answer our questions about the couple’s claim on-the-record.

After the first round of calls from 12News in March, Lisha and Kirill got a check in the mail. 

It covered just a fraction of the costs listed in the appraisal. 

A few weeks later, 12News continued calling, and we learned their insurance agent no longer worked at the company. 

Their case was “closed,” but they could contact another agent. 

12News left the new agent another voicemail, and while our request for comment was never returned, Corte and Davis did get a call back. 

“And he said that we had waited long enough,” Kirill said. “And they would cover the full amount of the original appraisal.” 

The appraisal, completed by the public adjuster for more than $40,000.  

The couple continues to live in the damaged home as they wait for their mortgage company and public adjuster to process the insurance payment and begin scheduling repairs. 

They’ve lived without a fully operational kitchen, damaged and warped floors, limited electricity and costs associated with all of those challenges, for eight months and counting. 

They have a GoFundMe for those interested in contributing. 

Still, they are hopeful. 

“We’re trying to be realistic, realizing it’s going to be a while,” Corte said. “But we are still just amazed that it happened!” 

TIPS FOR HOMEOWNERS

“We’re so grateful that everything worked out for us, but it still makes me wonder about people who didn’t have standing behind them, putting pressure on the insurance company,” Lisha said, hoping sharing their story could help others. 

For attorney Pamela Witte, this kind of experience with homeowners insurance claims is very uncommon. 

“I would say the vast, vast majority of claims are paid and handled properly,” Witte said. “But if things are not moving as quickly, as you would expect them to, or if it feels like you're having to contact the insurer constantly, or you have to be the middleman between your carrier and the contractor, those are situations where you should start keeping more accurate and detailed records.” 

Her advice: log of all communications you have with your insurer, including calls, texts and emails. 

It also helps to know your rights.  

“There are a number of things the law guarantees you; prompt evaluation of your claim, prompt payment of the claim, and if not the entire amount of the claim, then the undisputed amounts,” Witte said. 

Witte said that insurers are obligated to turn over the undisputed amounts right away. 

Homeowners are also entitled to information, including: 

  • The status of an insurance investigation 
  • Reasons or basis for a possible denial
  • Any doubts or disputes over coverage 

“If you don't have those things: if you don't have a denial, if you don't have the response, if you don't have the money, the undisputed money, you may have a bad faith lawsuit,” Witte said. 

The Arizona Department of Insurance declined an interview for this story, but has a process for filing complaints here: https://difi.az.gov/file-complaint-against-insurance-entity 

This story came to us as a viewer tip. 

If you have a story you’d like 12News to look into, contact us at connect@12news.com 

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Award-winning journalism and fact checking from the 12News investigation team.

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