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Detailed Answer

If an insurer tells you it never received your letter of representation, act quickly, document carefully, and use multiple methods to re-establish notice. In Montana, insurers have duties about timely and honest claim handling; if you cannot prove the insurer received notice of representation, you risk delays or lost rights. This guidance explains practical steps to protect your client’s claim, shows what to include in a proper notice of representation, and points to resources for filing a complaint if the carrier refuses to cooperate.

Important: This is educational information only and is not legal advice. If you need legal advice about a specific claim, contact a licensed Montana attorney.

Why this matters

When an attorney enters a claim, the insurer must know who may speak about the claim, what authority that person has, and where to send communications. Proof of delivery matters for deadlines, claim investigation, settlement talks, and possible litigation. If the insurer claims it never received the letter, you need to create incontrovertible proof of notice and preserve all remedies.

Relevant Montana authority

Montana’s insurance laws include rules governing insurer claims handling and unfair settlement practices. If an insurer is not treating a claim in good faith after receiving notice of representation, a consumer can contact the Montana Commissioner of Securities and Insurance or review Montana’s insurance statutes for unfair practices: Montana Code Annotated — Title 33, Insurance, Chapter 18 (Unfair Trade Practices / Claims Handling). To report a complaint, see the Montana Commissioner of Securities and Insurance: https://csimt.gov/.

Immediate steps to take

1. Confirm current claim/contact details. Verify the insurer’s correct claims address, the claims adjuster’s name, claim number, policy number, and any corporate claims department email and fax. Use the contact information shown on the insurer’s website or claims correspondence.
2. Resend the letter using multiple delivery methods. Send the same signed letter of representation (with client signature and clear scope) by: certified mail with return receipt requested; overnight courier with tracking and signature confirmation; email to the adjuster and the insurer’s claims inbox (request read receipt); and by fax if the insurer accepts faxes (keep transmission confirmation). Send to both the adjuster and the insurer’s main claims address.
3. Include a signed client authorization. Attach a signed authorization from the client authorizing the insurer to communicate with the attorney and to release non-privileged claim information. If the claim involves medical records, include a HIPAA-compliant release when appropriate.
4. Request written acknowledgment. In the letter, ask the insurer to confirm receipt in writing within a short period (e.g., 5 business days). Make a second-letter follow-up deadline and say how you expect acknowledgment (email, mail, or fax).
5. Preserve proof. Save certified mail receipts, tracking numbers, courier confirmations, email headers and delivery/read receipts, fax confirmation pages, and any phone-call logs. If you leave voicemails, save recordings or create contemporaneous written notes summarizing the call (date, time, who you spoke with, what was said).
6. Escalate internally at the insurer. If the claims adjuster insists the insurer never received the notice, escalate to the adjuster’s supervisor or the insurer’s legal/coverage department. Send the letter to a corporate mailing address and to the insurer’s general counsel or in-house litigation counsel if necessary.
7. Send a “notice to preserve” if evidence is at risk. If there is a risk the insurer will destroy evidence (rare), send a targeted preservation letter explaining what needs to be preserved. Keep it factual and reasonable.
8. Protect statute-of-limitations rights. If the claim has a litigation deadline approaching, consider filing suit or a tolling agreement to preserve rights while you sort out notice. Consult a Montana attorney promptly to evaluate deadlines and necessary protective filings.
9. File a regulatory complaint if needed. If the insurer is obstructive or refuses to accept a proper notice of representation, file a consumer complaint with the Montana Commissioner of Securities and Insurance: https://csimt.gov/. Include your proof of service and correspondence.

What a proper letter of representation should include

• Attorney name, firm, mailing address, phone, email, and Montana bar number.
• Client’s full name, claim number, policy number, and date of loss.
• Clear statement that the attorney represents the claimant and the scope of representation (e.g., all claims, bodily injury only, damages, etc.).
• Signed authorization from the client permitting the insurer to discuss the claim with counsel and to release claim information.
• Request for confirmation of receipt and preferred method of communication.
• Date and signature of the attorney and a client signature when appropriate.

If the insurer still denies receipt

1. Produce your evidence of delivery in writing (e.g., attach certified mail green card image, email headers showing delivery, courier signature). Provide this to the insurer and ask for written confirmation that your proof constitutes receipt.
2. Document all insurer responses. If the insurer persists in denying receipt but accepts other correspondence, point out inconsistent behavior (e.g., if they responded substantively to the claim after your alleged notice date).
3. Consider a demand letter or filing suit if the insurer’s conduct prejudices your client’s rights or violates applicable claims-handling rules. Consult a Montana attorney to evaluate unfair practice claims under Montana law.

Helpful Hints

• Send the initial notice by certified mail and email at the same time. Redundancy reduces the chance of a lost notice.
• Address letters both to the individual adjuster and to the insurer’s corporate claims address to avoid “we never received it” claims.
• Keep a careful file of every communication and attachment. A time-stamped, contemporaneous file is often decisive if there is later dispute about receipt.
• If you send records requests, use HIPAA-compliant forms for medical information; insurer delays in producing records are common—document them.
• If deadlines for filing suit are approaching, protect against waiver by filing suit or negotiating a tolling agreement; do not assume re-sending the letter will be enough.
• Use the Montana Commissioner of Securities and Insurance (https://csimt.gov/) for regulatory complaints—attach your service proof and all correspondence.
• When in doubt about deadlines or complex coverage questions, consult a Montana-licensed attorney. This article does not substitute for representation.