Protecting Your Client When an Insurer Claims It Never Received Your Notice of Representation

Disclaimer: This is general information only and not legal advice. Consult a licensed Oregon attorney for advice about your specific situation.

Detailed Answer — Practical steps to take now

If an insurer tells you it never received your letter of representation (also called a notice of appearance or notice of counsel), act quickly and document every step. In Oregon the insurance industry is regulated under the Oregon Insurance Code (ORS Chapter 742) and consumer protections and complaint processes are available through the Oregon Division of Financial Regulation (DFR). For the statutes and regulatory guidance, see the Oregon Legislature’s ORS Chapter 742: https://www.oregonlegislature.gov/bills_laws/ors/ors742.html, and for consumer help and complaint filing see the Division of Financial Regulation: https://dfr.oregon.gov.

Follow this step-by-step checklist to create a clear record and to protect your client’s rights:

1. Confirm what you sent and how. Gather the original letter of representation, the envelope, postage receipt, certified-mail return receipt (if used), fax confirmation page (with transmission header), email delivery/read receipts, or portal submission confirmation. If you used a mail vendor or e-filing system, pull the vendor’s tracking details.
2. Send a follow-up notice using methods that create proof of receipt. Resend the letter promptly using at least two methods: certified mail with return receipt (USPS Certified Mail with Return Receipt Requested), overnight courier with tracking and signature confirmation, and email to the insurer’s designated claim representative or to the insurer’s claims processing inbox. Attach the retainer or signed authority authorizing you to accept service or represent the client. Keep copies of all tracking and delivery receipts.
3. Include clear identifying information. On every communication include: client’s full name, claim number, policy number (if known), date and location of loss, insured name, your firm name and bar number, matter file number, and a clear statement that you represent the insured/claimant and request that all future communications be directed to counsel.
4. Obtain evidence of delivery and receipt. Use delivery services that provide time-stamped proof and signature verification. For email, request a read receipt and use an address the insurer uses for claims contact; follow up by calling the claims representative and note the date/time/name of the person you spoke with.
5. Create a contemporaneous communication log. Maintain a short log entry for each attempt and each contact: date/time, method, recipient name/role, and a short description of the content.
6. Ask the insurer for written acknowledgment. In your follow-up notice, request a written or emailed acknowledgment that the insurer accepts that you represent the party and that it will direct future communications to you. Give a reasonable short deadline (for example, 7–10 business days).
7. Preserve client protections. If the insurer continues to contact your client directly after notice of representation, document each contact and advise the client not to provide new statements without counsel present. Re-state in writing to the insurer that direct contact is improper and ask for confirmation that communications will be routed through counsel.
8. Escalate if needed. If the insurer refuses to acknowledge representation or the insurer’s actions prejudice the client’s rights (for example, denying coverage on a timeliness/notice ground despite timely notice to counsel), consider: (a) filing a complaint with Oregon’s Division of Financial Regulation (DFR), (b) sending a demand for acknowledgement from senior claims counsel or coverage counsel, and (c) preserving rights through litigation if warranted (for example, a declaratory judgment or motion to prevent unfair claims practices).
9. Keep your client and file notified. Advise the client about your steps and the importance of directing insurer contacts to you. Place copies of all insurer responses and delivery confirmations in the client folder (digital and physical).

When the insurer’s denial of receipt can cause legal harm

Timeliness of notice can be critical for coverage and for claims handling. If the insurer’s claim that it never received your letter causes a missed deadline or an adverse action (such as closing a claim, denying coverage for lack of notice, or rejecting a settlement demand), document the causal chain and consider urgent remedies. Where appropriate, seek judicial relief to prevent prejudice to the client. You may also report possible unfair claims practices to Oregon’s Division of Financial Regulation for investigation.

Helpful Hints

• Use multiple delivery methods at first notice: certified mail PLUS an emailed copy to a claims address creates redundancy and documentary proof.
• Attach a signed retainer or authorization and clearly say you are authorized to accept service or representation for the insured/claimant.
• Include an explicit “do not contact client directly” sentence and a request for written acknowledgement.
• Keep originals of postal receipts, courier tracking, fax headers, portal screenshots, and email headers (full message source if needed) — these can be crucial evidence later.
• If you get voicemail or telephone confirmation from the insurer, follow up with an email summarizing the call and asking the insurer to confirm by return email; this creates a written trail.
• Be proactive: file a short, dated letter in the claims file stating the dates you sent letters and your attempts to confirm delivery; reference claim numbers and the method of transmission.
• If the insurer continues to ignore representation notices and communicates with your client, consider sending a demand letter from counsel for injunctive relief or notifying the insurer’s in-house coverage counsel.
• If you suspect systemic problems (e.g., claims adjusters failing to log or acknowledge counsel notices), report the conduct to the Oregon Division of Financial Regulation: https://dfr.oregon.gov.
• Maintain professional tone and clarity in all communications; name the person you spoke with and include dates and times in any follow-up letters.

Where to get more help

If the situation is complex or the insurer’s conduct has caused real prejudice, consult an Oregon attorney experienced in insurance coverage and claims handling. For consumer complaints or to check guidance resources, contact the Oregon Division of Financial Regulation (DFR) at https://dfr.oregon.gov. For statutory background, see ORS Chapter 742 (Insurance Code): https://www.oregonlegislature.gov/bills_laws/ors/ors742.html.

Remember: this article is educational only and not a substitute for personalized legal advice from a licensed Oregon attorney.