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

Short summary: If an insurer says it never received your attorney’s letter of representation, immediately document proof of delivery, resend with verifiable delivery methods, protect any looming deadlines, and consider filing a consumer complaint with the Alaska Division of Insurance if the carrier will not accept timely notice. Keep careful records of every step.

Why this matters

Insurers must have timely notice of representation to (1) communicate with the correct contact, (2) avoid missed deadlines in the policy or applicable law, and (3) prevent disputes about notice or prejudice. If notice is lost or ignored, you can create a record that the insurer was or should have been aware of representation and that you took reasonable steps to inform the company.

Step-by-step actions to take right now

1. Check and preserve proof from the original sending:
   • Find the original letter, electronic mail, fax confirmation, courier slip, tracking number, or return-receipt (signature) tied to the date it was sent.
   • Save screenshots, email headers (showing timestamps and message IDs), fax confirmation pages (showing date, time, pages), and courier tracking pages.
2. Resend the notice with reliable proof of delivery:
   • Send a new notice by certified mail with return receipt (or overnight courier requiring signature). Keep the tracking and signed receipt.
   • Also send the same notice by email to the insurer’s claims adjuster and the insurer’s designated claims email (if available). Request read receipts and keep the sent-message headers.
   • Fax a copy and keep the fax transmission confirmation if your office uses fax.
3. Follow up promptly and document all communications:
   • Call the claims contact, identify the claim number, the insured, and the date the original letter was sent. Note the time, the person you spoke with, and what was said.
   • Send a short confirming email summarizing the call and include copies of the letter and proof of mailing; request written confirmation that the insurer’s file reflects the new representation.
4. Check policy notice requirements and legal deadlines:
   • Review the insurance policy for any notice-of-claim or notice-of-suit clauses and time limits. Some policies require prompt notice tied to benefits or coverage defenses.
   • Be aware of court filing deadlines (statutes of limitations). In Alaska, many personal-injury claims are subject to statutory limits. For more on Alaska statutes of limitations and civil timing, consult the Alaska statutes for Title 09 (Statutes of Limitations): https://www.akleg.gov/basis/statutes.asp#09. If a limitations period is about to run, consider filing suit or taking other steps that preserve rights while disputing notice.
5. Consider a formal “proof of mailing” declaration:
   • If the insurer later claims it never received the notice, a sworn affidavit from the sender about mailing or delivery (with tracking and return receipt) strengthens the record.
6. Escalate if the carrier refuses to acknowledge notice:
   • If the insurer will not accept the documented notice, you can file a complaint with the Alaska Division of Insurance (consumer complaint process) describing the facts and attaching proof of delivery and correspondence: https://www.commerce.alaska.gov/web/ins/Consumers/Complaints.aspx.
7. Talk with outside counsel or supervisory counsel if needed:
   • If you remain unable to get the insurer to acknowledge representation, talk to an attorney experienced with insurance claims and coverage disputes about further steps—especially if a statute of limitations or policy deadline is near.
8. Preserve evidence and avoid destroying records:
   • Keep all correspondence, logs, voicemail recordings (if legally obtained), and any internal notes. These items may be important if you later need to prove notice or take formal action.

What the insurer might say and how to respond

• If the insurer claims the notice didn’t contain required claim info: resend with the missing information and cite the prior delivery dates and tracking.
• If the insurer says the notice arrived too late under the policy: document when you first attempted to notify and whether the insurer suffered prejudice from any delay. If prejudice is disputed, the insurer may still have a coverage obligation unless it can show actual harm from the late notice.
• If the insurer refuses to accept any notice: use the Division of Insurance complaint process and consider seeking court intervention to protect claim rights.

Hypothetical example (short)

Attorney A sends a letter of representation on May 1 by regular mail. On May 15 the carrier says it never received the letter. Attorney A retrieves the email headers showing the outbound message sent May 1 to the carrier’s claims address, resends the letter by certified mail with return receipt, faxes a copy and keeps confirmation, and emails a summary to the adjuster with the certified-mail tracking number. Attorney A documents a phone call on May 16 with the adjuster and files a consumer complaint with the Alaska Division of Insurance after the carrier refuses to update its file.

Where to get help in Alaska

• Alaska Division of Insurance — consumer complaints and contact information: https://www.commerce.alaska.gov/web/ins/Consumers/Complaints.aspx.
• Alaska statutes — Title 21 (Insurance) and Title 09 (Statutes of Limitations) for legal timing questions: https://www.akleg.gov/basis/statutes.asp#21 and https://www.akleg.gov/basis/statutes.asp#09.

Reminder: If a deadline is approaching, do not delay taking protective court steps while you sort out notice problems.

Disclaimer

This article is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Alaska attorney.

Helpful Hints

• Use certified mail (return receipt) or courier with signature to send important legal notices.
• Always keep the original envelope, tracking numbers, and any delivery confirmations.
• Email is useful, but keep full email headers (not just the body) to show timestamps and recipients.
• After sending a notice, follow up by phone and confirm the insurer’s file is updated; then send a short confirming email summarizing the call.
• If a policy or law deadline is close, take immediate protective steps (e.g., file suit) while you pursue the notice dispute.
• If the insurer acts unreasonably, file a consumer complaint with the Alaska Division of Insurance and consult an attorney about possible remedies.
• Make a habit of sending important notices by at least two different methods (for example, certified mail and email) to reduce the risk of “lost” communications.