What to do when an insurer says it never received your letter of representation

This FAQ-style guide explains practical steps to protect a client’s rights when an insurance company claims it never received a letter of representation. It is written for readers with no legal background and focuses on actions that work in Florida. This is general information and not legal advice.

Detailed answer — step-by-step actions to take

When an insurer tells you they did not receive a letter of representation, treat the situation as a risk to your client’s claims and deadlines. Follow these steps to create a clear record, limit the insurer’s ability to claim ignorance, and preserve claims rights under Florida law (see Florida insurance statutes, Chapter 627: leg.state.fl.us — Ch. 627).

1. Confirm and document the address and contact information.

   Before re-sending anything, confirm the insurer’s correct mailing address, the claims adjuster’s name, the insurer’s designated claims e-mail address or portal, and a phone number. Record the date and the name of the person you spoke with.

2. Re-send the letter using multiple reliable delivery methods.

   Send the same signed notice of representation and any retainer/engagement letter using at least two different channels so you have multiple proofs of delivery:

   • Certified U.S. Mail with return receipt requested (keep the green card and the certified mail receipt).
   • Express overnight courier requiring a signature (keep the tracking number and proof of delivery showing signature and date).
   • Email to the insurer’s claims email and to the adjuster (include read-receipt request and keep a copy of the sent message and delivery/read notices).
   • If the insurer uses an online claims portal, upload the notice there and save/upload receipts or screenshots showing the upload.
3. Include clear, specific information in the notice.

   Make the letter short and unmistakable. At minimum include the client’s name, claim number, date of loss, scope of representation, counsel’s contact information, and a sentence asking the insurer to direct all future communications to counsel. State that the client will not provide additional statements or sign releases without counsel’s approval.

4. Get written acknowledgement and follow up in writing.

   Phone follow-ups are fine, but always document them in writing. After any call, send a brief confirming email summarizing the call, who you spoke with, the date/time, and what the insurer said. Ask for written acknowledgement that the insurer has the notice of representation and a copy of the acknowledgement in the claim file.

5. Preserve evidence of transmission and of any prior mailing.

   If you previously mailed or faxed the original letter, keep the proof: certified-mail receipt, fax confirmation pages, email headers showing time and recipients, courier tracking history, portal upload receipts, or the return-receipt signature image. These items are strong evidence in court and when dealing with regulators.

6. Document all communications and refusals.

   Create a short, dated log listing every contact, the person you spoke with, what was said, and what documents were sent. If the insurer continues to deny receipt, put that denial in writing and ask for the name and contact of the person making that statement.

7. Protect your client during the gap.

   Advise the client not to provide recorded statements, sign releases, or give additional documents directly to the insurer until the insurer confirms it has representation on file. If contacted before the insurer acknowledges representation, the client can politely decline to speak and direct the insurer to counsel.

8. Escalate if the insurer persists.

   If the insurer still claims it never received the notice despite your proof, escalate internally (supervisor or claims manager) and demand written acknowledgement. If that fails, consider filing a complaint with Florida’s consumer/insurance regulators (see links below), and discuss possible legal remedies with counsel. Continued bad faith communications or refusal to accept a valid notice of representation can be relevant in later litigation or regulatory complaints.

9. Be mindful of deadlines and preserve claims.

   Keep statute-of-limitations and policy notice deadlines in mind. Missing deadlines can waive claims. Florida’s statutes of limitation are important for later claims — for a listing, see Fla. Stat. §95.11: leg.state.fl.us — §95.11. If a statute of limitations is near, consider filing suit to preserve rights and then assert the representation notice in the lawsuit.

10. Consider regulatory or legal remedies.

    If you suspect the insurer is acting in bad faith, deliberately hiding communications, or violating Florida insurance law or unfair-claims statutes, you can:

    • File a complaint with the Florida Department of Financial Services (Consumer Services): myfloridacfo.com/Division/ConsumerServices.
    • File a complaint with the Florida Office of Insurance Regulation (consumer page): floir.com.
    • Discuss civil remedies with counsel, including seeking discovery of communications and sanctions if the insurer obstructs or hides evidence.

Why multiple delivery methods matter in Florida

Courts value contemporaneous, objective proof of delivery: certified mail receipts, courier tracking with signature, email headers, and portal upload receipts. Using multiple methods reduces the insurer’s ability to deny receipt and supports your version of events if the dispute escalates to litigation or a regulator.

Helpful hints

• Keep originals and scanned copies of every document you send and every receipt you get.
• Use a short, clearly titled notice such as “Notice of Legal Representation — client name — Claim #.”
• Include the claim number, loss date, and insured name in the subject line of emails and at the top of letters.
• Request a written acknowledgement within a short, stated timeframe (48–72 hours) and follow up promptly if none is received.
• Do not advise the client to provide new statements or to sign releases until you confirm receipt of representation.
• Keep a contemporaneous timeline or log of actions; judges and regulators often rely on clear timelines.
• If the insurer intentionally obstructs communications, consider a regulatory complaint simultaneously with seeking discovery or court relief.

Where to get more information

Florida insurance law is primarily in Chapter 627 of the Florida Statutes: leg.state.fl.us — Ch. 627. For consumer help and complaint filing, see the Florida Department of Financial Services consumer services page: myfloridacfo.com/Division/ConsumerServices, and the Florida Office of Insurance Regulation: floir.com.

Disclaimer: This article provides general legal information about Florida procedures and practices. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Florida attorney.