Detailed answer — what to do first and next

When an insurer tells you it never received a letter of representation, your goal is to (1) confirm who should have received the notice, (2) create a clear, provable record that you sent notice, and (3) protect your client’s legal rights while you escalate if needed. Follow these steps in order.

1. Confirm the correct recipient and claim details

• Verify the insurer’s correct legal name, the claims office, the adjuster’s full name, and the claim number. Use the insurer’s official correspondence, their website, or the insured’s policy declaration page.
• Confirm the insurer’s accepted methods of receiving counsel correspondence (mailing address, fax, claims email address, portal). Some companies require submissions through a claims portal or an assigned adjuster’s email.

2. Re-send the letter with proof and include key documents

Resend a concise cover letter that lists the client’s name, claim number, date of loss, brief description of the claim, the scope of representation, and how the insurer should contact you. Include attachments such as the executed retainer, HIPAA or medical-authorizations signed by the client (if medical information is needed), and any previously sent documents.

Choose at least two methods that create independent proof of delivery:

• Certified mail with return receipt (USPS certified mail, signature required).
• Commercial overnight courier (FedEx/UPS) with signature confirmation and tracking.
• Fax with a transmission confirmation page showing recipient number and timestamp (keep the built-in confirmation and transmission log).
• Claims portal upload (save the upload confirmation and screenshot). If the portal shows a timestamp, save the page and any confirmation emails.
• If the insurer accepts counsel email, send by email with delivery/read receipt and attach the signed retainer/authorization. Save sent-email headers and attachments.

3. Create and preserve a clear paper trail

Maintain a chronological file containing:

• Copies of every letter, email, fax confirmation, tracking number, and courier receipt.
• Notes of any phone calls (date, time, person spoken to, what was said).
• Proof of sending the original letter (if available) such as an outgoing mail log, email header, or previously-saved transmission receipt.

4. Ask the insurer for acknowledgment and set a response deadline

Request a written acknowledgement of representation and ask the insurer to confirm, in writing, that they will recognize you as counsel of record for the claim. Give a reasonable deadline (for example, 10 business days) and state what you expect as the next step (e.g., where to send medical bills, whether they will deal directly with you for benefits, or who is the adjuster).

5. If the insurer still claims non-receipt, escalate internally

• Ask to speak to the adjuster’s supervisor or the claims manager. Provide your proof of delivery and request written confirmation that the insurer now recognizes your representation.
• If the insurer’s vendor or a third-party administrator (TPA) handles the file, contact them directly and request written acknowledgement.

6. Protect time-sensitive rights (statutes of limitations and deadlines)

Do not allow a dispute over receipt to threaten a statutory or policy deadline. In Michigan most causes of action have strict timelines (statute of limitations). If a deadline is approaching and the insurer’s position prevents timely action, consider filing suit or asking the client to file a protective pleading until the notice dispute resolves. If you must file, preserve your proof that you attempted to notify the insurer before filing.

7. File a consumer complaint with Michigan regulators if needed

If the insurer refuses to accept a valid notice of representation or otherwise ignores policies and claim handling obligations, you can file a complaint with the Michigan Department of Insurance and Financial Services (DIFS). DIFS handles consumer complaints about claim handling and enforcement of insurance laws in Michigan. For general information and how to file, see the Michigan DIFS site: https://www.michigan.gov/difs.

8. Preserve evidence and consider litigation strategies

If the dispute escalates to litigation, courts will look to your documentary proof (certified mail receipts, courier tracking records, fax confirmations, email headers, portal timestamps). A carefully maintained file will support your argument that the insurer had notice even if an individual adjuster later claims they never received the letter.

Michigan-specific statutes and rules to be aware of

Depending on the type of claim, different Michigan statutes and rules apply. For example, automobile personal protection insurance is governed by Michigan’s No-Fault Act (see Michigan Compiled Laws, Chapter 500, Article 3101 et seq.). Visit the Michigan Legislature’s website for statute text and specific provisions: https://www.legislature.mi.gov. For questions about insurer conduct and how to file a regulator complaint, see Michigan’s Department of Insurance and Financial Services: https://www.michigan.gov/difs.

When to get another attorney involved or take formal action

If you cannot get written acknowledgement after sending certified notices and escalating internally, consider these options:

• File a protective lawsuit or notice if a limitations deadline approaches.
• Request a judicial determination or use discovery to prove notice in litigation.
• File a complaint with DIFS for unfair claim handling or violation of applicable statutes and regulations.

Each claim is different. If you are not sure which deadlines apply or which action is best, consider consulting with a lawyer who handles insurance litigation in Michigan.

Helpful Hints

• Always include the claim number, date of loss, insured’s name, and your client’s contact info on the cover letter—this reduces confusion.
• When possible, use two delivery methods (for example, certified mail plus a portal upload or email) to create redundant proof.
• Keep original certified mail receipts, courier tracking pages, and fax confirmation printouts in the client’s file.
• Ask the client to sign an explicit authorization that specifically permits the insurer to discuss medical information with you (HIPAA authorization). Without that, some providers and insurers may refuse to speak with you about health information.
• Time-sensitive matters: identify and calendar any statute of limitations or policy deadlines immediately. Don’t rely on delay caused by delivery disputes.
• If an adjuster changes mid-file, re-send the representation letter to the new adjuster with proof; make a habit of doing this when an insurer changes assigned personnel.
• Be professional and concise in all communications; a short, well-documented record is more persuasive than long, informal notes.