Practical Steps to Protect Your Client’s Claim When the Insurer Says It Didn’t Receive Your Notice

This page explains what to do if an insurance company tells you it never received a letter of representation in California. It assumes no prior legal knowledge and focuses on practical, legally informed steps you can take right away to preserve communications and avoid deadlines.

Detailed answer — immediate and follow-up actions

1. Confirm the intended recipient and policy requirements.

   Check the insurance policy and any claim instructions to confirm the correct addressee, address, and whether the insurer requires a particular method of notice (for example, a claims department mail address, an email for attorneys, or an online portal). Policies sometimes specify where written notices must be sent.

2. Locate the original transmission records.

   Gather proof that you sent the original letter: certified mail slips, tracking numbers, email headers (showing the From/To/Date), server logs, or courier receipts. If you sent the letter by email, keep the full email with headers and any automatic delivery failure messages.

3. Resend the letter with robust proof of delivery.

   Send a new, concise letter of representation that attaches a copy of the original. Use multiple delivery methods at once if possible:

   • Certified mail with return receipt (USPS Form 3811)
   • Priority overnight courier with tracking and signature required
   • Email to the claim adjuster and the insurer’s general claims address; request read receipts and ask for written confirmation of receipt

   Keeping at least one delivery method that produces a signed return receipt is critical evidence you attempted proper notice.

4. Include specific, useful contents in the letter you re-send.

   At minimum, include:

   • Client name and policy number (if known)
   • Statement that you represent the insured/claimant
   • Scope of representation (e.g., claim negotiation, defense, litigation)
   • Request for all future communications to be directed to your office
   • Copies of any prior correspondence you are relying on
   • Contact information and the date you first sent the notice
5. Document all follow-up communications.

   After re-sending, call the claim handler and ask for the name and title of the person who received the file and for a written acknowledgement. Send a short confirming email summarizing your call and what the insurer said. Always note dates, times, and names.

6. Escalate inside the insurer if necessary.

   If the claims adjuster insists they never got the letter, ask to speak with a claims supervisor or the insurer’s legal/coverage unit. Request written confirmation of any position the company takes about receipt or non-receipt.

7. Preserve deadlines and consider filing protective papers if a suit is pending or imminent.

   If a statute of limitations, notice deadline, or litigation deadline is approaching, file whatever protective pleadings are appropriate (for example, in pending litigation a substitution of counsel or status filing) and consult counsel immediately to avoid forfeiture of rights.

8. If the insurer remains uncooperative, file a complaint with the California Department of Insurance.

   The Department of Insurance accepts consumer complaints about claim handling and communication problems. Their consumer complaint page: https://www.insurance.ca.gov/01-consumers/101-help/consumer-complaints/

9. Keep a complete file and consider escalation to litigation counsel.

   Maintain a single, organized chronological file of all transmissions, receipts, and notes. If the insurer’s failure to acknowledge representation causes prejudice to your client, discuss next steps with litigation counsel promptly.

Relevant California law and why it matters

There is no single statute that prescribes exactly how an insurer must accept a letter of representation in every circumstance. However, two legal touchpoints are useful:

• Unfair claim practices: California Insurance Code § 790.03 lists prohibited unfair claim settlement practices and factors courts consider when evaluating insurer conduct. Persistent failure to acknowledge counsel or to deal fairly may be relevant in a later complaint or action. See the statute: California Insurance Code § 790.03.
• Proof of mailing/service rules: For purposes of calculating deadlines and showing delivery, California’s service-by-mail provisions can matter. For example, California Code of Civil Procedure § 1013 governs when service by mail is considered effective and how timelines are computed: CCP § 1013. Using certified mail or courier with signature helps create the evidence you will need if a dispute about receipt arises.

These provisions do not replace professional legal advice. They illustrate that poor communications can have regulatory and procedural consequences in California, and that documented delivery methods strengthen your position.

Practical checklist — what to send and keep

• Copy of the original letter of representation
• Copy of retainer or authorization showing your authority to represent (if appropriate)
• Certified mail receipt and return-receipt (green card) or courier proof of delivery
• Email copies including full headers and any automatic bounce messages
• Notes of all phone calls (date, time, participant, summary)
• Any written acknowledgements you receive from the insurer

When to involve the California Department of Insurance or outside counsel

If repeated attempts to provide written notice fail and the insurer’s position prejudices your client (for example, because of lost coverage, missed deadlines, or refusal to cooperate in defense), you should consider both filing a complaint with the California Department of Insurance and consulting litigation counsel. The Department can investigate unfair claims practices; their consumer complaint portal is at https://www.insurance.ca.gov/01-consumers/101-help/consumer-complaints/.

Helpful Hints

• Always send the same written notice to at least two points of contact at the insurer (the adjuster and the main claims office) to reduce the risk of a “lost” letter.
• Use delivery methods that produce signed receipts. Electronic delivery alone can be contested; pair it with certified mail or courier.
• Ask the insurer to confirm in writing when it receives your documentation and who will handle the file going forward.
• If you obtain a voicemail or phone acknowledgement, follow up immediately with an email summarizing the call so you have a contemporaneous written record.
• Keep communications professional, concise, and strictly factual—clear documentation helps later if there is a dispute over prejudice.
• Check the policy for any notice requirements and deadlines and comply with them while you work to fix delivery problems.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting licensed counsel about the specific facts of your case.