Overview
If an insurance company tells you it never received a lawyer’s notice of representation, act quickly and methodically. Insurance companies must follow policy notice rules and state regulations. Taking the right steps protects deadlines, preserves evidence, and helps you prove that your attorney represents you.
Detailed answer — practical steps under Colorado law
1. Confirm where and how you sent the notice
First, identify the address or contact method the insurer requires for notices. Check the insurance policy, any claim forms, and prior insurer correspondence for a specified mailing address, fax number, or email. If the insurer has an online claim portal, note whether the portal is the required route.
2. Gather and preserve proof of sending
Collect every piece of evidence showing you provided the letter of representation: certified-mail receipts, USPS tracking information, courier delivery signatures, fax transmission confirmation pages, email headers and read receipts, and screenshots of portal uploads. Save the original signed retainer or authorization that the insured gave the attorney; it helps prove the attorney had authority to act.
3. Re-send the notice with stronger proof and clear content
Re-send the representation letter using a method that produces documentary proof of delivery: certified mail with return receipt (USPS), a commercial courier with signature tracking, or an electronic system that provides audit trails. Inside the envelope or email, include:
- a brief cover stating you are re-sending a prior notice;
- a copy of the original notice of representation and the date it was first sent;
- a copy of the retainer or signed authorization;
- a request that the insurer confirm receipt in writing and identify the claims handler assigned to the file;
- a specific request for any deadline extensions needed while receipt is confirmed.
4. Ask the insurer to acknowledge receipt in writing and to confirm who will handle the claim
Follow up by phone and immediately send an email or letter confirming what was discussed. If the carrier acknowledges the representation orally, request written confirmation. Written acknowledgement avoids later disputes about who the insurer believed it was communicating with.
5. Preserve deadlines and request tolling if necessary
Insurance policies and the law often include time-sensitive obligations (notice provisions, suit limitations). If a missed procedural step could prejudice your claim, send a written request asking the insurer to toll or extend any applicable notice or filing deadlines while the dispute over receipt gets resolved. Keep a copy of that request and any reply.
6. Use the Colorado Division of Insurance if the carrier refuses to cooperate
If the insurer persists in denying receipt or refuses to provide basic acknowledgment and contact information, you can file a consumer complaint with the Colorado Division of Insurance (DOI). The DOI can investigate unfair claim handling, assist consumers, and provide guidance about possible regulatory violations. File a complaint and attach your proof of sending and all correspondence.
Colorado Division of Insurance — File a Complaint
7. Consider whether the conduct raises an unfair-claims-practices issue
Colorado regulates insurers’ claim-handling practices through the insurance statutes and regulations. If an insurer willfully fails to recognize a proper notice of representation, refuses to cooperate, or otherwise engages in unreasonable claim-handling behavior, those facts may support a regulatory complaint or later civil action. See Colorado insurance laws in Title 10 of the Colorado Revised Statutes for statutory standards and enforcement mechanisms.
Colorado Revised Statutes (search Title 10 — Insurance)
8. If you already have a pending lawsuit, use court procedures to prove representation
If litigation is already filed, the court can resolve disputes over whether counsel represented a party at a particular time. You can file an affidavit of service, a motion to establish that counsel is authorized to accept service, or a motion to allow late notice if the carrier’s denial of receipt caused prejudice. Work with counsel promptly because courts rely on procedural rules and tight timelines.
9. Keep a complete, organized file
Maintain a single file (digital and/or paper) that contains: all notices sent and received, tracking and delivery confirmations, retainer agreements and client authorizations, phone-call logs (date, time, name, summary), emails and portal screenshots, and any regulator correspondence. Well-organized records make it much easier to show good-faith compliance if the issue escalates.
10. When to consider additional remedies or litigation
If the insurer’s refusal to acknowledge representation causes real harm (lost settlement opportunities, missed deadlines, etc.), discuss potential civil remedies with counsel. Colorado law contains provisions addressing unfair claim settlement practices and remedies; a lawyer can evaluate whether regulatory sanctions, contract claims, or bad-faith tort claims are viable where the insurer’s acts were unreasonable or prejudicial.
Helpful hints
- Always send the initial notice to the address in the policy or the insurer’s printed correspondence—if there are multiple addresses, use both.
- Use certified mail or courier for initial and follow-up notices to create a clear paper trail.
- Include a signed client authorization or retainer in every notice packet—cover the insurer’s right to discuss the claim with counsel.
- Ask the insurer, in writing, to identify the file handler and to copy counsel on all future claim communications.
- If you receive an oral acknowledgment, immediately confirm it in writing and request written acknowledgement from the insurer.
- File a DOI complaint early if the carrier refuses to cooperate; regulators can respond faster than courts in many cases. See https://doi.colorado.gov/consumers/file-complaint.
- Preserve electronic evidence: save raw email headers, PDF copies of tracking pages, and any portal confirmation pages as separate files dated and timestamped.
- If court deadlines are at risk, ask the insurer for tolling or extension in writing and file appropriate court motions without delay if deadlines are missed due to the carrier’s conduct.
- When in doubt, consult a Colorado-licensed attorney promptly—delay can destroy rights and remedies.
Relevant Colorado law and resources
Colorado’s insurance rules and statutes govern claims handling and consumer remedies. For general statute research, start with the Colorado Revised Statutes and explore Title 10 (Insurance). If you want regulatory help or to file a complaint, use the Colorado Division of Insurance consumer complaint portal.
Disclaimer
This article explains general steps to take when notice-of-representation delivery is disputed under Colorado law. It is educational only and not legal advice. For advice about your specific situation, consult a Colorado-licensed attorney.