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Detailed Answer

If an insurer tells you it never received the notice that an attorney is representing a claimant, take immediate, documented steps to re-establish the representation and protect the client’s rights. The goal is to create an indisputable record that the insurer was notified and to stop the insurer from communicating directly with the claimant or taking action that harms the client.

Step-by-step actions

1. Confirm what you sent and to whom.

   Check your file for the original signed representation letter, the exact address, email address, and the name of the adjuster or claims representative you used. Verify any fax confirmation pages, sent-email headers, or postal tracking numbers.

2. Resend the letter using multiple, verifiable delivery methods.
   • Send a copy by certified mail with return receipt requested and keep the receipt.
   • Send the same document by email to the adjuster, the insurer’s claims inbox, and the insurer’s in-house or outside counsel. Save the sent message and request a read receipt; also save server timestamps.
   • If the insurer accepts faxes, send a fax and keep the fax transmission confirmation page.
   • Consider overnight courier for a signed delivery record.
3. Include clear, concise cover language and attachments.

   Attach the original representation letter, a copy of the signed retainer (if applicable), and a brief cover note stating the date you first mailed the letter and why you are resending. Ask the insurer to confirm receipt in writing by a stated deadline (for example, 7 days).

4. Send to multiple recipients inside the company.

   Address the correspondence to the adjuster, the claims supervisor, the insurer’s legal department, and any outside defense counsel you know. This reduces the chance that internal mail-handling failures will prevent receipt.

5. Document phone and other communications.

   Call the claims desk and ask for a written acknowledgment. Take notes of the date/time, the person you spoke with, and what they said. Follow up every call with a brief email summarizing the conversation so you have a contemporaneous record.

6. Add a clear instruction to cease direct contact with the claimant.

   When you resend the representation notice, state that the insurer should direct all communications to the attorney and not contact the insured/claimant directly. This protects the client from improper contact and preserves ethical rules regarding communication with a represented person.

7. Preserve and organize proof.

   Keep copies of every version of the letter, postage receipts, courier tracking records, email sent items, read receipts, fax confirmations, and call logs. Organize these chronologically so you can produce them quickly if needed.

8. If litigation is pending or imminent, file appropriate court notices.

   If a lawsuit already exists or you intend to file, enter a notice of appearance and file any required notices with the court and opposing counsel. Court filing and service records create additional proof that the insurer was put on notice.

9. Escalate if the insurer persists.

   If the insurer still claims nonreceipt after you have reliable proof, consider: (a) demanding a written acknowledgment within a short deadline; (b) filing a complaint with the North Dakota Insurance Department; and (c) advising the court (if a case exists) that the insurer is failing to honor a written representation notice and seeking appropriate relief.

Why proof and multiple methods matter

Insurers handle large volumes of mail and electronic messages. A single lost letter does not necessarily imply bad faith. But without proof of notice, the insurer could argue it never knew the client was represented and continue to contact the claimant directly or take other steps adverse to the client’s interests. Certified mail, email receipts, and fax confirmations create independent evidence that you gave notice.

North Dakota has an official code and a regulatory body that oversees insurers. For general guidance about insurance rules and how to report problems, see the North Dakota Insurance Department: https://www.insurance.nd.gov/. For the North Dakota Century Code, see https://www.legis.nd.gov/cencode. For court rules and attorney obligations, see North Dakota Courts rules and resources: https://www.ndcourts.gov/legal-resources/rules.

Helpful Hints

• Use certified mail with return receipt as your default for important notices; it’s a simple, court-accepted proof of delivery.
• Send the same document by email (keep the sent mail and any read receipts) to create an independent electronic record.
• Time-stamp everything in your client file and label each item clearly so you can quickly produce a timeline.
• If an adjuster says they didn’t receive the letter, ask for that denial in writing and record the name and title of the person who told you.
• Include language in the representation letter stating the client is represented and that insurer communications should be directed to counsel; keep that instruction in every resend.
• When in doubt about deadlines (for example, a statute of limitations or policy notice requirement), take conservative steps: preserve claims and consider filing suit or taking an alternate protective action so you do not unintentionally forfeit rights while you sort out receipt issues.
• If you suspect the insurer’s refusal to acknowledge representation is part of a broader delay or unfair practice, you can contact the North Dakota Insurance Department for consumer guidance and to learn how to file a complaint: https://www.insurance.nd.gov/.

When to talk to another attorney: If the insurer’s failure to acknowledge notice results in prejudice to your client (for example, missed deadlines, inappropriate contact with a claimant, or settlement offers made directly to the claimant), consider consulting a North Dakota attorney experienced in insurance disputes or civil litigation to evaluate remedies, including court motions or regulatory complaints.

Disclaimer: This article explains general steps under North Dakota practice but is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed North Dakota attorney.