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

Short answer: Act quickly, recreate clear proof of service, preserve all evidence, re-send the letter using verifiable delivery, document all communications, and consider filing a consumer complaint with the Indiana Department of Insurance if the insurer continues to refuse recognition. Time matters — do these steps immediately to protect your client and any statute of limitations.

Detailed answer

This situation commonly arises when a claims adjuster, in-house counsel, or automated mailroom records do not show receipt of a law firm’s letter of representation. Under Indiana practice it is the attorney’s responsibility to prove they notified the insurer and that the insurer had actual or constructive notice. The goal is to create a clear, verifiable record that the insurer received notice and to prevent any deadlines or rights from being prejudiced by a claimed lack of notice.

Step-by-step actions (priority order)

1. Stop and assess deadlines. Immediately check relevant statutes of limitation, policy notice requirements, and any litigation deadlines. If a filing deadline is imminent, consider filing a complaint or protective filing while resolving the notice dispute.
2. Confirm your original delivery method and recipient. Note the address, email, fax number, claims number, adjuster name, and date you mailed, faxed, or emailed the letter. Pull the original file copy of the letter and any transmission receipts.
3. Gather any proof of the original mailing. Look for certified-mail receipts, tracking numbers, courier signatures, fax confirmation pages, or email delivery/read receipts. If you used regular mail without tracking, admit that and move to step 4 immediately.
4. Re-send the letter using multiple verifiable channels. Use at least two of the following methods simultaneously:
   • Certified mail with return receipt (USPS) to the insurer’s designated claims address.
   • Overnight courier with signature confirmation (FedEx, UPS).
   • Email to the adjuster and the insurer’s claims inbox with a delivery receipt and a read receipt request. Attach the representation letter as a PDF and request explicit acknowledgement.
   • Fax to the claims fax number with a successful transmission confirmation page.

   In the body of the communication, state the date of your original letter and attach a copy. Request confirmation of receipt by a specific date (e.g., within 7 calendar days).

5. Document all follow-up communications. Call the adjuster and claims supervisor, note names, times, and what was said. After each call, send a short confirming email summarizing the conversation and attach the representation letter again. These emails create a contemporaneous record.
6. Send a written demand for acknowledgement. If the insurer persists, send a short demand letter stating that the insurer’s failure to acknowledge receipt is unacceptable and that you will take additional steps (including complaint to the state regulator or court filings) if they do not confirm receipt by a date certain.
7. Preserve all evidence. Keep originals of the letter, all transmission receipts, courier tracking history, email headers, fax logs, voicemail recordings (if allowed in your jurisdiction), and notes of all calls. These items will be needed to prove notice if the dispute escalates.
8. Involve the insured when appropriate. Send the insured confirmation that you have sent the representation letter and copies of your transmissions. Ask the insured to contact the insurer’s claims department and confirm your representation. An insured’s call and written confirmation can strengthen your proof of notice.
9. Consider formal remedies. If the insurer refuses to acknowledge and that refusal prejudices your client’s rights, consider these remedies:
   • Filing a complaint with the Indiana Department of Insurance (consumer complaint process): https://www.in.gov/idoi/consumers/consumer-complaints/
   • Filing a protective or original action in court (e.g., lawsuit to preserve rights, declaratory relief, or to stop prejudice to the claim). Consult local rules and counsel about immediate filings to protect statutes of limitation.
   • Raising the issue with the insurer’s legal department or senior claims management to force escalation and a documented response.
10. Keep ethical duties in mind. Maintain candor with the tribunal and other parties. Make sure the representation letter and any statements you send are accurate. Review applicable conduct rules if you proceed to litigation (Indiana rules of professional conduct are available from the Indiana Judiciary pages).

Why insurers sometimes claim non-receipt

• Mailroom processing errors or wrong internal routing.
• Adjuster turnover or reassignment; mail to a former adjuster won’t show up on current records.
• Clerical mistakes in claims numbers, names, or addresses.
• Electronic filters blocking email or misrouting of digital mail.
• Deliberate delay or gamesmanship in a dispute about coverage or representation.

Relevant Indiana resources and statutes

Indiana regulates insurers and has consumer complaint mechanisms. Useful official resources:

• Indiana Department of Insurance — consumer complaints and guidance: https://www.in.gov/idoi/consumers/consumer-complaints/
• Indiana Code — Title 27 (Insurance). For official statutory language and related provisions see the Indiana General Assembly’s code site: https://iga.in.gov/legislative/laws/current/ic/titles/027
• Indiana Judiciary (rules and professional conduct information): https://www.in.gov/courts/

Note: specific policy language, individual statutes, and case law can affect what constitutes sufficient notice in particular circumstances. Consult the policy and, if needed, outside counsel to evaluate how Indiana law applies to your facts.

Helpful Hints

• Always send initial letters of representation by verifiable delivery (certified mail or overnight courier) in addition to email.
• Include the claim number, insured name, adjuster name, and the policy number in the subject line and first paragraph for clear routing.
• Attach a signed PDF of the representation letter and a separate copy of your firm’s authorization to represent, if available.
• Ask for acknowledgement within a short deadline and state the consequences of non-acknowledgement (e.g., filing with regulator, protective filings).
• Keep a single organized file with all evidence of transmission and follow-up. If litigation follows, this chronological file will be crucial.
• If the insurer keeps denying receipt repeatedly, escalate to the insurer’s legal department or file a complaint with the Indiana Department of Insurance.
• When in doubt about deadlines or potential prejudice to your client’s claim, take immediate protective action (e.g., file suit) while continuing to document notice efforts.

Disclaimer: This article explains common steps under Indiana practice but is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Indiana attorney.