Item arrived broken

[magicstormart]

I received a completely broken item. I contacted the seller with photos and they responded they needed to file an insurance claim. I checked today and they still hadn' refunded me. They seem to be under the impression that I have to wait until they win their insurance case. I thought the buyer has to be refunded immediately. I've been trying to check in prior posts but some people say this and some people say that the buyer is responsible for the claim. I know the latter can' be true because I went through that before when a package never arrived, USPS told me the shipper had to file the claim. So do I have to wait for them to get the claim to be refunded?