PINAL COUNTY, AZ — A Pinal County couple’s ongoing battle with an insurance company after a fire damaged their home highlights what happens when claims get denied – and what you can do to fight back.

Earlier this week, the Let ABC15 Know team shared how Taylor and Kempton are in an ongoing fight with an insurance company after a fire damaged their home. Fire investigators say the cause of the fire was the water heater installation, but the insurance company for the business that installed the equipment denied the couple’s claim.

Taylor and Kempton’s home caught fire in March. “When the fire first happened, my immediate feeling, after all the animals were out, was gratitude. Actually, that we were out of the house. All of our pets, both of us, were safe. And then the next day was kind of when the nightmare started,” Taylor said.

“So in the fire report, it very clearly states in there that it was caused by the hot water heater wire,” Kempton said.

In fact, there were two different reports blaming the wiring for the water heater – one by the Ak-Chin Fire Department and the other by an electrical engineer hired by Taylor and Kempton.

Yet despite the findings, the company’s insurer denied the couple’s claim.

“It’s been frustrating,” Taylor said.

Gail Barsky wasn’t surprised to hear the outcome of this couple’s situation. As a former attorney who represented insurance companies, she knows how it works.

“A lot of people trust their insurance company, until they go through something like this then they have reason to doubt; they think the homeowner’s insurance were on your side, all the jingles that you hear we’re on your side, and a lot of times they’re not. It’s a profit driven business,” Barsky said.

“They delay things, they deny things, and you just have to keep fighting back,” Barsky said.

So many people get weighed down by the process and feel defeated before it even starts. If you ever have to go up against an insurance company – whether it’s home, auto, or even health – here’s what you need to remember.

Document everything

Take pictures and videos. The more you have, the stronger your case.

“Document and write them constantly,” Barsky said.

Don’t accept no

“That is your right to appeal and if you feel strongly about your case, you should definitely appeal it and not leave the insurance company with the last word,” Barsky said.

Time matters

Barsky says if you take an insurer to court, the court won’t just look at the denial. It could also look at how long it took to process your claim. If the court finds any unnecessary delays, it could benefit your case.

“It’s the process of the investigation. The delay that they took in handling the matter in the court of law determines that it took too long,” Barsky said.

Don’t be afraid to ask

“Ask to speak to superiors, then ask for the next. There’s always multiple levels in an insurance company that you can go to besides the claims adjuster. Go to their manager. Keep escalating the claim,” Barsky said.

And the biggest thing: Don’t give up

“I want people not to give up,” Barsky said.

Barsky says denial doesn’t mean there’s no fault and certainly doesn’t erase responsibility. So, if you don’t want to back down, you may want to get a lawyer.

Q & A with Attorney Barsky

Christel: Does the insurance company get the last word?

Barsky: No, insurance companies do not determine legal liability. Insurance companies decide whether they will voluntarily pay a claim. Courts determine fault and responsibility under Arizona tort law.

Christel: What can consumers do to be proactive?

Barsky: Verify whether permits are required before work begins. Photograph installations during and after completion. Keep contracts, invoices, warranties, and all communications. Consumer protection starts before the work begins.

Christel: What is insurance bad faith and claim denials under Arizona law?

Barsky: Under Arizona law, insurers are required to conduct a reasonable, fair, and balanced investigation and to give equal consideration to the interests of the insured. In Arizona, bad faith is about how the claim was handled, not just whether it was denied.