What to do if an insurer says it never received your letter of representation — Massachusetts FAQ

Short answer: Immediately document and resend proof of representation using reliable delivery and written confirmation methods. Preserve all records, ask the insurer for written acknowledgment, and consider filing a complaint with the Massachusetts Division of Insurance if the insurer refuses to recognize proper notice.

Detailed answer — step by step

When an insurer tells you it never received your letter of representation, act quickly and methodically. Below are clear steps to protect your client’s rights and create a record that you gave timely notice under Massachusetts law and standard insurance practice.

1. Confirm your original delivery details.

   Check which address, email, or fax you sent the letter to. Verify the policy number, claim number, insured’s name, and date of loss in the original letter. Make a copy of the exact document you sent and note the dates and times of transmission.

2. Resend with strong proof of delivery.

   Resend the letter using one or more of these methods so you can prove delivery:

   • USPS Certified Mail with Return Receipt (green card) or USPS Registered Mail so you receive a postal acceptance and delivery record.
   • Commercial carrier with tracking and delivery confirmation (e.g., FedEx/UPS signature required).
   • Email to the insurer’s claims address with a read/receipt request and a contemporaneous record of the outbound message (save sent items and server logs). If the insurer has a web claims portal, upload the notice there and print all confirmation pages.
   • Fax with a dated transmission confirmation or electronic fax delivery receipt (store the confirmation page).

   Keep all tracking numbers and receipts. If you resend by more than one method, the insurer will have fewer bases to claim nonreceipt.

3. Include essential information in the letter.

   Your letter should plainly state that you represent the insured and request that all future communications about the claim be directed to you. Include:

   • Insured’s full name and policy number
   • Claim number and date of loss
   • Your firm name, mailing address, email, and telephone number
   • A request that the insurer stop direct contact with the insured about the claim (if appropriate)
   • A deadline for written acknowledgment (e.g., 7–10 business days)

   Label the letter clearly as a Letter of Representation and attach any signed authorization or power of attorney if the insurer requests one.

4. Request written acknowledgment.

   Ask the insurer to confirm receipt in writing (email or letter). A short acknowledgment protects your client and avoids later disputes about when the insurer first learned of representation.

5. If the insurer still denies receipt, preserve contemporaneous records.

   Keep copies of:

   • Original and resent letters
   • Certified mail receipts or tracking confirmations
   • Email headers, delivery/read receipts, and sent-message copies
   • Fax transmission confirmations
   • Notes of phone calls, including date/time, person spoken to, and summary

   These records are evidence if you later need to prove timely notice or pursue regulatory or litigation remedies.

6. Escalate internally and ask for claim file and communications.

   If the insurer continues to deny receipt, ask to speak to a claims supervisor or the insurer’s legal department and request a copy of the claim file and any communications. Under Massachusetts insurance law and principles of good claims handling, insurers are expected to handle claims reasonably and in good faith. See Massachusetts insurance statutes and regulations for unfair or deceptive practices: M.G.L. c. 176D (insurance unfair practices) and the general insurance chapter, M.G.L. c. 175.

7. File a complaint with the Massachusetts Division of Insurance if necessary.

   If the insurer refuses to accept and acknowledge properly delivered notice or otherwise mishandles the claim, you can file a complaint with the Massachusetts Division of Insurance. The Division can investigate insurer practices and provide guidance: How to file a complaint with the Division of Insurance and general information at Massachusetts Division of Insurance.

8. Consider next legal steps.

   If the insurer’s denial of receipt causes prejudice — for example, missed deadlines or denial of coverage — consider whether you should pursue remedies such as a declaratory action, motion practice to prevent the insurer from asserting prejudice, or consumer claims under M.G.L. c. 93A (consumer protection) or statutory/regulatory claims under the insurance statutes. Consult with counsel experienced in Massachusetts insurance litigation to evaluate options.

Sample short checklist for sending a Letter of Representation

• Use certified mail or carrier with signature and keep tracking/receipt.
• Send a backup via email to insurer’s claims/legal email; save sent headers.
• Include policy/claim numbers, insured’s name, and request for written acknowledgment.
• Attach signed authorization if insurer requires it.
• Save all confirmations and call notes in a dedicated file.

Why these steps matter under Massachusetts law

Massachusetts law recognizes regulatory standards for fair claims handling and prohibits unfair or deceptive practices in insurance. M.G.L. c. 176D addresses unfair insurance practices, and M.G.L. c. 175 sets general insurance requirements. If an insurer improperly refuses to accept proof of representation and that refusal harms the insured, regulatory or civil remedies may be available. See: M.G.L. c. 176D and M.G.L. c. 175.

Helpful hints

• Send the Letter of Representation early. Timely notice reduces disputes about prejudice.
• Use multiple delivery methods (certified mail plus email) to increase the chance of prompt acknowledgment.
• If the insurer claims it never received anything, ask for a written explanation of why it has no record — print and save that explanation.
• Maintain a clear chain of custody for all documents and communications related to the claim.
• If you anticipate litigation, preserve metadata and originals (signed receipts, confirmation pages).
• Document any prejudice (e.g., missed deadlines, payments withheld) so you can show actual harm if you need to escalate.
• If you decide to complain, use the Massachusetts Division of Insurance complaint portal and include all supporting proof of delivery and follow-up communications: file a complaint.

Quick template language (short)

“Re: [Insured name], Policy #[policy number], Claim #[claim number]. Please be advised that our firm represents [insured]. From this date forward, direct all communications regarding this claim to the undersigned counsel. Please confirm receipt of this letter in writing within 10 days and provide a copy of the claim file. Thank you.”

Disclaimer

Not legal advice: This article explains general steps under Massachusetts practice and cites statutory sources for background. It does not constitute legal advice. For guidance specific to your case, consult a licensed Massachusetts attorney.