Detailed Answer
When an insurer tells you it never received your letter of representation, act quickly and methodically. The insurer’s statement can delay claims handling, settlement discussions, or litigation deadlines. Your goal is to prove you provided notice of representation, re-notify the insurer using reliable methods, preserve evidence, and escalate if the insurer’s refusal prejudices your claim.
1. Stop and document what happened
Write a short note (date/time and who you spoke with) summarizing the insurer’s statement. Save the insurer’s voicemail, email, or chat transcript if available. These notes are evidence of the insurer’s position and help establish any prejudice later.
2. Locate your original delivery evidence
Find any proof that your letter of representation was sent: certified-mail receipts and tracking numbers, fax transmission reports showing successful transmission, email send/receive headers, or portal uploads with timestamps. If you used a law firm assistant or a third-party service, ask them for their records.
3. Re-serve the letter using multiple reliable methods
- Send a new letter of representation by USPS Certified Mail with Return Receipt Requested. Keep the green card or scanned return receipt.
- Send the same letter by email to the insurer’s claim adjuster and the insurer’s designated attorney address. Request a delivery/read receipt and ask for written acknowledgment.
- Fax the letter to any listed company or attorney fax numbers and keep the machine’s transmission confirmation page showing successful pages sent.
- Upload the letter into the insurer’s online claim portal, if available, and save the upload receipt or screenshot with the timestamp.
4. Include a short cover email/letter explaining the situation
Tell the insurer plainly that they previously told you they had not received the original notice. Ask them to confirm receipt of the new notice in writing and to state whether they will accept the earlier date as the date you provided notice. This places them on record and reduces future disputes about prejudice.
5. Create an affidavit or declaration of service
If you have proof of prior mail or transmission, prepare a sworn affidavit (or a simple signed declaration under penalty of perjury) describing how and when you sent the original letter and attach copies of any tracking, fax confirmations, portal receipts, and email headers. Keep the originals or certified copies in your case file.
6. If the claim is in litigation
If a lawsuit is pending, also file the appropriate notice of appearance or substitution of attorney with the court and serve opposing counsel and the insurer in the manner required by the Hawaii Rules of Civil Procedure (service rules vary by document). This adds court-filed proof that counsel now represents the claimant.
7. Ask for an extension if deadlines will be impacted
If the insurer refuses to recognize the earlier date and you face deadlines (statute of limitations, response dates, or discovery cutoffs), request a written extension or tolling agreement. If the insurer refuses, your affidavit of service plus certified mail evidence will support a later argument that the insurer’s delay caused prejudice.
8. Escalate to the regulator if the insurer is obstructive
If the insurer refuses to acknowledge a properly-delivered notice or deliberately ignores repeated attempts to notify, you may file a complaint with the Hawaii Insurance Division at the Department of Commerce & Consumer Affairs (DCCA). The DCCA handles consumer complaints about insurer conduct and can investigate unfair claim practices: https://cca.hawaii.gov/ins/consumer-complaint/.
9. Consider remedies for prejudice or bad-faith delay
If the insurer’s failure to accept notice causes measurable harm (missed deadlines, denial of coverage, lost settlement opportunities), counsel may consider claims for statutory remedies or bad-faith handling of claims under Hawaii law. In some cases, the Hawaii unfair trade practices statute can be relevant if the insurer’s conduct is deceptive or unfair: Hawaii Revised Statutes chapter 480 (general prohibition on unfair or deceptive acts and practices) provides the State’s consumer protection framework. See the statute text here: HRS §480-2 (Unfair methods of competition and unfair or deceptive acts or practices). Consult an attorney for advice about bringing a bad-faith or consumer-protection claim.
10. Keep everything organized
Maintain a single case file (electronic and/or paper) that includes copies of every communication, delivery confirmation, affidavits, and notes. Organize items chronologically. Good recordkeeping is your best protection if the insurer later disputes notice.
Helpful Hints
- Prefer certified mail with return receipt and keep the tracking number. It provides strong objective evidence of mailing and delivery attempts.
- Combine delivery methods: certified mail + email + fax/portal upload. Multiple receipts make it harder for an insurer to deny receipt credibly.
- Save email headers—not just the message body. Headers show routing, timestamps, and recipients.
- When you call an adjuster, follow up with a short confirming email summarizing the call and asking them to confirm receipt in writing.
- If litigation is already filed, promptly file a formal notice of appearance or substitution of attorney with the court clerk and serve the insurer per court rules.
- If the insurer’s conduct causes missed deadlines, act quickly to seek a court extension or relief and document all attempts to notify the insurer.
- File a consumer complaint with the Hawaii DCCA Insurance Division if the insurer regularly refuses to recognize proper notice. The DCCA can investigate patterns of bad conduct.
- Keep calm, be factual, and avoid accusatory language in your written notices—clear, professional documentation helps preserve credibility.
Sample checklist (quick)
- Locate original mailing/transmission proof.
- Send a duplicate letter by certified mail (RRR), email, and fax/portal.
- Request written acknowledgment and keep all receipts.
- Prepare a sworn affidavit of service if needed.
- File notice of appearance in court if litigation exists.
- Ask for tolling/extension if deadlines loom.
- File a DCCA complaint if insurer obstructs unreasonably: https://cca.hawaii.gov/ins/consumer-complaint/.
Disclaimer: This article provides general information about steps to take under Hawaii law. It is not legal advice and does not create an attorney-client relationship. For advice about your particular situation, consult a licensed attorney in Hawaii.