Key first steps to secure proof and preserve your claim

1. Confirm the original mailing details. Check the envelope/postmark, tracking number, fax confirmation, email headers, and the exact address (claims department, fax, or claim file email). Note the date you mailed, faxed, or emailed and the method used.
2. Resend immediately using verifiable delivery methods. Send the same letter again on attorney letterhead, and use at least two of the following: certified mail with return receipt (USPS Return Receipt — PS Form 3811), UPS or FedEx with tracking and signature required, and email to the insurer’s claims email address with a read receipt request. If you originally faxed, resend and keep the fax transmission report showing pages sent and time stamp.
3. Include identifying information in every submission. Put the insured’s full name, claim number, policy number, date of loss, and contact information at the top of the letter. Request written acknowledgment within a short deadline (for example, 7–10 business days).
4. Attach a copy of the original letter and proof of prior attempt. When you resend, attach the copy of your prior letter and any proof you have of the prior mailing (tracking number, email headers, the certified mail receipt or fax confirmation). In the cover note explain this is a duplicate transmission and list your proof of the prior attempt.
5. Document all follow-up communications. Call the claims adjuster, note the date, time, person spoken to, and summary of the conversation. Follow up calls with brief confirming emails (for example: “Per our call today, you said you have not received our letter of representation. I have just resent it by certified mail and by email. Please confirm receipt by return email.”)
6. Upload documents to any insurer claim portal. If the insurer has a secure claim portal, upload the letter and proof of representation there as well and keep screenshots with timestamps.
7. Preserve and organize evidence. Keep the original certified mail receipts, tracking numbers, email headers (showing full SMTP path if possible), fax confirmation reports, portal screenshots, and notes of phone calls. Store them in a single folder labeled with the claim number and dates.

When the insurer still denies receipt

1. Send a demand for acknowledgment. If the insurer continues to say it never received the notice, send a short, clear letter demanding written acknowledgment that they received the letter you resent and stating that you will treat the claim as timely and that you will preserve any deadlines. Set a reasonable deadline for acknowledgment (for example, 7 business days).
2. Explain the potential consequences (professionally). In the acknowledgment demand, politely note that failure to accept or acknowledge a valid notice may be contested, and that you will preserve remedies. Do not threaten litigation impulsively; be measured and factual.
3. Consider alternative delivery to a different insurer address. Send copies to the insurer’s counsel (if known), the local claims office, the insurer’s designated agent for service of process in Arkansas, and the insurance adjuster handling the file. This reduces the chance the letter gets lost in one department.
4. File a complaint with the Arkansas Insurance Department. If the insurer will not acknowledge receipt despite clear proof of transmission, you can file a consumer complaint with the Arkansas Insurance Department. The Department can help investigate unfair claim practices and communication breakdowns. See the Arkansas Insurance Department consumer page: https://insurance.arkansas.gov/consumers/file-a-complaint/
5. Consider sending a sworn affidavit. If proof of your attempt is limited to a postmark or mailing receipt, obtain a sworn affidavit from the person who mailed it (or from counsel) stating the date and manner of mailing and attach copies of receipts. Affidavits can be useful later if you must show you gave timely notice.
6. Preserve deadlines and consider tolling agreement. If a statute of limitations or policy notice deadline is approaching, try to obtain a tolling agreement in writing from the insurer (an agreement to suspend running of the deadline while the dispute about receipt is resolved). If the insurer refuses, document the refusal and preserve other remedies.

Relevant Arkansas law and resources

Arkansas regulates insurer conduct and unfair claim practices through its insurance laws and the Arkansas Insurance Department. If you believe the insurer’s denial of receipt amounts to an unfair claims practice, you may be able to use the Department’s consumer complaint process. See the Arkansas Insurance Department consumer complaint page: https://insurance.arkansas.gov/consumers/file-a-complaint/

For the Arkansas Code and statutory text, start at the Arkansas Legislature code site: https://www.arkleg.state.ar.us/ArkansasCode/ . If you or your counsel believe the insurer’s denial violates specific statutes or regulations, the Arkansas Insurance Department can explain applicable rules and whether an investigation is appropriate.

Practical sample checklist for counsel’s letter of representation

• Attorney letterhead, signature, and direct contact info
• Insured’s name, claim number, policy number, date of loss
• Clear statement that you represent the insured and the scope of representation
• Request for all future communications to be sent to counsel
• Request for written acknowledgment within a short, specific time
• Copy of any authorization signed by the insured (if required by the insurer)
• Documentation of transmission method (tracking, fax confirmation, and email headers)

When to consider further action

If the insurer continues to refuse to acknowledge representation and that refusal causes prejudice (for example, by missing a deadline, failing to preserve evidence, or improperly communicating with the insured), speak with your attorney about potential administrative complaints, demand letters asserting bad faith or unfair claim practices, or court action. The Arkansas Insurance Department can be a helpful intermediary for consumer complaints and investigations.

Helpful Hints

• Use at least two transmission methods (e.g., certified mail plus email) every time you notify the insurer of representation.
• Keep originals and scanned copies of all receipts, shipping labels, and email headers. Those records are often decisive later.
• Time-stamp and date every phone call and follow up with a confirming email summarizing the call.
• If policy deadlines or statutes of limitations are near, ask the insurer for a tolling agreement in writing; if they refuse, preserve the refusal in writing.
• File a complaint with the Arkansas Insurance Department if the insurer engages in repeated failures to acknowledge or respond: https://insurance.arkansas.gov/consumers/file-a-complaint/
• Work with counsel experienced in insurance claims communications — consistent, documented communication is often the fastest way to resolve receipt disputes.