Detailed answer

If an insurance company says it never received your attorney’s notice of representation, act quickly and methodically. Your goal is to create an indisputable paper trail, to protect deadlines and coverage rights, and to give the insurer a clear, documented opportunity to acknowledge that your attorney represents the insured.

1. Confirm what the insurer says it did or did not receive

First, ask the insurer in writing what it believes is missing: the exact document name (for example, “letter of representation”), the date it claims was not received, and the address or department where it believes the letter should have been sent. Request a written response so you have a record.

2. Re-send the notice using methods that create proof of delivery

Send a new notice of representation and label the cover communication clearly (e.g., “Notice of Attorney Representation — Please Acknowledge Receipt”). Use at least two delivery methods that generate independent proof:

• Certified mail with return receipt (USPS) so you get a signed receipt showing date and addressee.
• Commercial carrier with tracking and delivery confirmation (FedEx/UPS) showing recipient and delivery time.
• Email to a confirmed insurer claims or attorney-relations address with PDF attachment and a read/delivery receipt (keep the sent-email headers and server receipts).
• Fax to a known insurer fax number and save the fax confirmation page that shows time and page count.

Include the original letter as an attachment, plus a short cover note describing the original mailing date and how it was sent. In every communication, include the insured’s name, policy number, claim number, the attorney’s contact information, and a request for written acknowledgment of receipt and for the insurer to update its claims file.

3. Keep and organize all evidence of transmission and receipt

Keep copies of everything you send and any proof of delivery. Useful items include:

• Certified mail return receipt (green card) or tracking showing delivered
• Fax confirmation pages
• Email send/receive headers and read receipts
• Photographs/scans of envelopes, postmarks, and original signed letters
• Any insurer responses (including voicemail logs and call notes)

Make a single organized claim folder (electronic and/or paper) with timestamps for each item.

4. Ask the insurer to confirm who has authority to accept representation notices

In some companies only certain departments (e.g., the assigned claims adjuster, the legal department, or a designated in-house counsel) properly process counsel notices. Request written confirmation of the proper mailing address, fax number, or email for counsel notices and ask the insurer to confirm that the notice will be attached to the insured’s file immediately.

5. If the insurer still denies receipt, escalate

• Send a follow-up demand that the insurer acknowledge receipt of the notice and confirm coverage position (if the claim is pending). This creates a documented attempt to resolve the procedural problem.
• If coverage decisions or claim handling depend on counsel’s involvement, consider sending a short deadline (for example, request acknowledgment within 10 business days) so you can show you acted promptly.

6. Use regulatory complaint channels if necessary

If the insurer refuses to accept or acknowledge the representation notice and that refusal harms the insured’s rights (for example, by refusing to communicate with counsel, delaying defense, or denying coverage because of a perceived lack of representation), you can file a complaint with the Arizona Department of Insurance. The Department can investigate unfair claim practices and help ensure the insurer follows Arizona insurance rules and obligations. See the Department’s consumer complaint information at https://insurance.az.gov/consumers/complaints and general consumer protections at https://insurance.az.gov/consumers.

7. Preserve court and claims deadlines

If litigation is pending or a statute of limitations or notice deadline may be affected, document your steps closely and consider filing a short court filing (for example, a notice of appearance or substitution of attorney) or a motion asking the court to treat your filing as timely. Courts look to whether the insured and counsel acted reasonably to provide notice and to avoid prejudice to the opposing party.

8. Consider potential claims against the insurer

Arizona law requires insurers to handle claims fairly and promptly. If the insurer’s refusal to accept proof of representation leads to a prejudicial denial or unreasonable delay, the conduct might constitute an unfair claims practice under Arizona insurance law. For general statutory authority covering insurance regulation in Arizona, see Arizona Revised Statutes, Title 20 — Insurance: https://www.azleg.gov/arsDetail/?title=20. If you suspect unfair or bad faith handling, keep detailed records and consult a lawyer who handles insurance dispute matters.

9. Get the insured’s help

Ask the insured to contact the insurer directly, confirm the attorney’s contact details, and request that the insurer note in the file that counsel is representing the insured. A short joint communication (insured + counsel) often resolves internal routing problems quickly.

10. If you represent the insured, use a clear certificate of service

When you send the notice, include a one-line “Certificate of Service” at the end of the letter indicating how you sent the notice (certified mail, email to address X, fax to number Y) and the date. That certificate can be attached to court filings if you must later prove notice efforts.

Where to find help in Arizona

Arizona Department of Insurance: https://insurance.az.gov. For the statutory framework governing insurance regulation in the state, see the Arizona Revised Statutes, Title 20 (Insurance): https://www.azleg.gov/arsDetail/?title=20.

Reminder: specific remedies and timing can vary by the type of policy, the nature of the claim (first-party vs. third-party), and whether litigation has started. If the situation raises coverage disputes or potential prejudice to the insured, talk with an attorney promptly.

Disclaimer: This article provides general information and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation under Arizona law, consult a licensed Arizona attorney.

Helpful hints

• Always send notices that create delivery proof (certified mail, FedEx/UPS tracking, fax confirmation, or verifiable email).
• Include claim number, policy number, insured’s name, and attorney contact info on every page of documentation.
• Ask the insurer in writing to identify the proper person/department to accept counsel notices and to confirm receipt in writing.
• Keep both electronic and hard copies of everything, stored by date and method of delivery.
• If litigation is pending, file a notice of appearance or substitution with the court to protect deadlines and make the record clear.
• Use short deadlines for insurer acknowledgment when the claim handling depends on counsel’s involvement; document those deadlines.
• If the insurer’s behavior looks like unreasonable delay or denial, file a consumer complaint with the Arizona Department of Insurance and consult counsel about potential statutory remedies.