Minnesota — Steps to Take When an Insurer Says It Never Received Your Letter of Representation

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

This FAQ-style guide explains practical steps to take in Minnesota when an insurer tells you it never received your letter of representation. It assumes you are represented by counsel who sent a notice that you signed or authorized. The goal is to preserve your client’s rights, create a reliable record, and escalate if the insurer continues to deny receipt.

Immediate steps to protect rights and create proof

  1. Confirm what was sent and to whom. Check the original letter for the claim number, insured’s name, policy number, date of loss, the insurer contact (adjuster email/phone), and the address used. Make sure the letter clearly states that the insurer should direct all communication to the attorney.
  2. Collect proof of original transmission. Pull together receipts and electronic evidence: certified-mail receipt and USPS Return Receipt (PS Form 3811), FedEx or UPS delivery proof, fax confirmation page with a transmission header, or the email sent folder and delivery/read receipts. Screenshot timestamps and any auto-replies.
  3. Resend using multiple, trackable methods. Send a duplicate letter immediately by at least two different documented methods (for example, certified mail with return receipt and an email to the claims adjuster and the insurer’s claims/legal inbox). Attach the original letter and include a short cover note that this is a duplicate sent because the insurer says it never received the first notice.
  4. Address the right recipients. Send to: the adjuster listed on the claim, the insurer’s claims department email or mailing address shown on the policy, and the insurer’s legal/corporate counsel if available. If you cannot find the correct address, ask the insurer in writing to provide the appropriate claims or legal mailing address and include the insurer’s response in your file.
  5. Request written acknowledgment. In the duplicate letter or email, ask the insurer to confirm in writing that it has received the representation notice and will direct communications to the attorney. Give a reasonable short deadline (for example, 7 days).
  6. Document all follow-up communications. Keep a call log noting date, time, person you spoke with, and a short summary. After any phone call, send a confirming email summarizing the conversation to the insurer and the adjuster so there is a written record.

If the insurer still denies receipt or won’t acknowledge representation

  • Send a copy to the insurer’s registered agent or corporate counsel. If correspondence to claims routinely fails, send a copy to the insurer’s corporate/legal department or registered agent in Minnesota. This helps ensure the company’s central records get the notice.
  • Use a cover letter stating consequences. Politely state that failure to acknowledge representation may be interpreted as a refusal to cooperate and that you are preserving all rights and remedies. Do not threaten in a way that could be seen as improper; keep the tone professional.
  • Preserve deadlines and rights. If any statute of limitations, notice deadlines, or policy notice conditions are approaching, consider taking protective steps such as filing suit or serving the insured directly (after discussing with counsel) to avoid waiving rights. Note: these are strategic moves you should discuss with counsel for the specific matter.
  • Escalate to the Minnesota Department of Commerce. If the insurer is uncooperative or is mishandling the claim, you can file a consumer complaint with the Minnesota Department of Commerce, which handles insurance complaints and investigates unfair practices. See Minnesota Department of Commerce — Insurance consumer help: https://mn.gov/commerce/industries/insurance/consumers/consumer-complaints/.

How to build an airtight administrative record

Insurance disputes often turn on what the insurer knew and when it knew it. Build a clear administrative record:

  • Keep originals and copies of all letters, certified-mail receipts, return receipts, email headers showing timestamps, and fax confirmations.
  • Save voicemail messages and note who left them. Follow up voicemails by email summarizing the content and attaching the prior letter.
  • Keep chronological logs of every contact, including internal notes about why duplicates were sent and where.

What to ask the insurer if they claim non-receipt

  • Which specific address, email, or inbox did they search?
  • Who performed the search and when?
  • Do they have an internal claim note with an adjuster name and ID for the matter?
  • Would they accept proof of delivery (return receipt, tracking number) as confirmation?

When to consider formal legal steps

If the insurer’s refusal to accept or acknowledge representation causes prejudice (missed deadlines, denial of independent communications, refusal to discuss coverage or settlement), then formal legal steps may be appropriate. Those may include filing a complaint in court, asking the court to preserve rights, or pursuing remedies for unfair claim handling. Discuss timing and strategy with counsel so protective steps do not inadvertently waive client rights.

Relevant Minnesota consumer resource

For help filing an insurance complaint or to learn more about insurer obligations, use the Minnesota Department of Commerce insurance consumer pages: https://mn.gov/commerce/industries/insurance/consumers/ and file a complaint here: https://mn.gov/commerce/industries/insurance/consumers/consumer-complaints/.

Helpful Hints

  • Always include claim number, insured name, policy number, and date of loss in the letter header—it speeds routing and reduces claims that the insurer “did not know” which file.
  • Use certified mail with return receipt and an email to the adjuster. Two different delivery methods make non-receipt arguments harder.
  • Attach a copy of the signed client authorization to the letter so the insurer has documentary proof the attorney may receive protected claim information.
  • After any phone call, send a confirming email to create a contemporaneous written record.
  • If you must resend, label it as a duplicate and explain why you resent it (insurer reports non-receipt). That context helps reviewers later.
  • If you file a consumer complaint, include all proof of prior transmission and any written denials from the insurer.
  • Keep calm and documentary. Many non-receipt issues trace to internal routing errors that are resolved after duplicative proof is provided.

Quick checklist

  • Review original letter for completeness (claim/policy identifiers).
  • Gather delivery proofs (certified mail, email headers, fax logs).
  • Resend by certified mail + email to adjuster and claims/legal inbox.
  • Request written acknowledgment and keep a record of everything.
  • Escalate to Department of Commerce if behavior looks like unfair claim handling: https://mn.gov/commerce/industries/insurance/consumers/consumer-complaints/.

Disclaimer

This article is educational only and is not legal advice. Laws and procedures change, and each case has unique facts. Consult an attorney licensed in Minnesota to discuss your specific situation and options.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.