Idaho: Steps to Take When an Insurer Claims It Never Received Your Letter of Representation

Detailed Answer

Short summary: If an insurer claims it never received your letter of representation, act quickly and document everything. Re-send the notice using methods that create proof of delivery, preserve all evidence, limit direct contact between the insurer and your client, and consider filing a complaint with the Idaho Department of Insurance if the insurer’s behavior harms your client’s rights.

Why this matters: A letter of representation formally tells the insurer that an attorney represents the insured and usually shifts communications about the claim from the insured to counsel. If the insurer treats the insured as unrepresented because it says it never received the letter, important deadlines, coverage decisions, or settlement communications can go wrong. Prompt, well-documented steps protect the client and create a record you can use later if disputes arise.

Step-by-step actions to take right away

1. Re-send the letter immediately using multiple methods that produce proof.
   • Send a hard copy by certified mail, return receipt requested (USPS Certified Mail). Keep the postal receipt and the signed green card or delivery record.
   • Send the same letter by email to the insurer’s designated claims email and to the adjuster. Request an electronic read receipt and a confirmation of receipt in the body of the email.
   • If the insurer accepts faxes, fax a copy and keep the fax confirmation page showing the time and number of pages transmitted. A combination of certified mail + email + fax reduces the chance the insurer can claim non-receipt.
2. Include clear, complete identifying information. Put the claim number, insured’s name, policy number, date of loss, and your full contact details at the top of the letter. That reduces confusion and helps match correspondence to the correct claim file.
3. Demand written confirmation that the insurer recognizes your representation. In the re-sent letter, state a deadline (for example, 10 business days) for the insurer to acknowledge receipt and confirm it will direct all claim communications to counsel. Ask the insurer to stop contacting the insured directly.
4. Preserve evidence and create a paper trail. Save copies of all letters, emails, delivery receipts, fax confirmations, and voicemail timestamps. Make a contemporaneous log of any phone calls, with date, time, who you spoke to, and what was said.
5. Send a “cease direct contact” notice if the insurer continues to contact the insured. If the insurer contacts the insured after you have sent proof of representation, send a follow-up letter reiterating that the insurer must communicate only with counsel. If the insurer persists, document those contacts. Continued direct contact may be a basis for complaint depending on the circumstances.
6. Preserve the claim file and all communications. Ask the insurer in writing for a copy of the claim file and any recorded statements. Idaho law requires insurers to keep claim records; requesting them early helps preserve evidence that the insurer actually received or did not receive earlier correspondence.
7. Consider a tolling or reservation-of-rights letter if deadlines loom. If a statute of limitations, statutory notice period, or policy deadline could be affected, send a short reservation letter stating that you reserve all rights and object to any defense based on alleged late notice while the representation dispute is pending. Preserve the client’s rights by notifying the insurer in writing that you are attempting to correct any delivery failures.
8. File a complaint with the Idaho Department of Insurance if needed. If the insurer’s claim of non-receipt causes prejudice (for example, a denial for “no attorney notice” or missing a settlement opportunity), consider filing a consumer complaint with the Idaho Department of Insurance (DOI). The DOI can investigate insurer conduct and help enforce insurance laws and regulations. DOI website: https://doi.idaho.gov/
9. Consider litigation or motion practice if the insurer’s actions cause harm. If the insurer claims non-receipt as a pretext to deny coverage, disclaim liability, or to contact your client directly in violation of the representation, you may need to sue for declaratory relief, bad-faith remedies, or seek court orders preventing direct insurer contact. Discuss timing with counsel because statutes of limitation and procedural rules can control available remedies.

Relevant Idaho legal resources

Idaho’s insurance statutes and rules govern insurer conduct. See the Idaho Code, Title 41 (Insurance), for statutory provisions that control insurers’ duties and licensing: https://legislature.idaho.gov/statutesrules/idstat/Title41/.

For administrative help and to file complaints about insurer conduct, contact the Idaho Department of Insurance: https://doi.idaho.gov/.

Sample language to include in a re-sent letter or email

Use plain, direct wording. Example:

“Re: [Claim Number] — Please confirm receipt of this Notice of Representation. My office represents [Insured name] regarding the [date and type of loss]. Please direct all communications regarding this claim to the undersigned. If you previously received a notice of representation from our office, please confirm the date and method of receipt. Please provide written acknowledgement within ten (10) business days.”

What to expect after you re-send the notice

• The insurer should confirm receipt and update its claim file to show counsel of record.
• If the insurer still claims non-receipt, the record you created (certified mail receipt, email delivery/read notice, fax confirmation) will be evidence that the insurer was notified.
• If the insurer’s denial or adverse action already happened because of the alleged non-receipt, the insurer must justify that action; you can use your proof of mailing and DOI complaint history in dispute resolution or litigation.

Timing tip: Act promptly. The sooner you re-notify and document the attempt, the stronger your position if the matter escalates.

When to involve outside resources

• Contact the Idaho Department of Insurance if the insurer’s conduct appears unfair or if the insurer refuses to recognize counsel despite documented notice.
• Consider bringing a court action if the insurer’s actions cause irreparable harm or if coverage is denied improperly.
• If you represent the insured, consider seeking a protective order or a court directive requiring the insurer to stop direct contact with your client.

Additional reference: For a review of Idaho insurance statute topics, use the state legislature’s site: Idaho Code – Title 41 (Insurance).

Disclaimer

This article explains general steps under Idaho law and is intended for educational purposes only. It is not legal advice, and it does not create an attorney-client relationship. Consult a licensed Idaho attorney about the specific facts of any case.

Helpful Hints

• Use at least two delivery methods (e.g., certified mail + email) to reduce the insurer’s ability to claim non-receipt.
• Keep all delivery receipts and confirmations in a single claim folder for quick retrieval.
• Request the claim number and adjuster name in every communication to avoid misfiling.
• Time-stamp and log phone calls immediately after they occur; include names and badge or claim numbers.
• If you must escalate, file a complaint with the Idaho Department of Insurance and attach your proof of notice and communications log.
• Act quickly on potential statute-of-limitations or policy notice deadlines; do not assume re-sending will cure a missed deadline without further action.
• If the insurer communicates directly with the insured after actual notice to counsel, document the contact and consider a formal request that the insurer cease direct contact.