Detailed Answer
If an insurer tells you it never received your letter of representation, act quickly and deliberately. Insurers must be able to identify who represents a claimant so they can direct communications, stop contacting the claimant directly when appropriate, and preserve proof of coverage decisions. Your goal is to produce clear, verifiable proof that the insurer received notice and to protect your client’s rights while you escalate if necessary.
Recommended immediate steps
- Confirm the correct contact information. Check the insurer’s claims office address, the claims adjuster’s email, and any claim number. Use the insurer’s official website or any claim documents you already received to verify addresses.
- Resend the letter using trackable delivery. Send the letter of representation again by certified mail with return receipt requested (USPS Certified Mail, Return Receipt), or by a commercial courier that provides a dated delivery record and recipient signature. Keep the tracking number and a copy of the return receipt.
- Send an additional copy by email. Send the letter as a PDF attachment from your firm email to the insurer’s claims email and to the adjuster’s direct email (if you have it). Request a read receipt, and keep the sent message and server logs. Many insurers accept emailed notices as proof if you can show successful delivery.
- Include clear identifying information. The reproduced letter should include: claimant name, claim number, date of loss, name of the attorney or firm, a signed retainer/representation authorization (or a copy), and a statement such as: “Please direct all future communications regarding this claim to the undersigned counsel.” Ask the insurer to confirm receipt in writing within a short timeframe (for example, 7 days).
- Ask for acknowledgement from a supervisor. If the adjuster continues to deny receipt, escalate to the claim supervisor or manager and ask for written confirmation that the insurer received your notice. Document the names, dates, and times of every call.
- Preserve all evidence. Save copies of every letter, email, tracking record, delivery receipt, and call log. If the insurer acted in a way that prejudiced the claimant (for example, by continuing to communicate with the claimant or missing deadlines), these records will be important.
What to do if the insurer still denies receipt
- Send a demand for confirmation and production of the claims file. Ask the insurer to confirm in writing that it has no record of a prior representation letter and to produce the claims file, including any inbound correspondence, log entries, and adjuster notes.
- Provide a contemporaneous proof packet. Deliver the representation letter again with the retainer agreement, a signed release/authorization to communicate with counsel (if necessary), and a short cover letter stating the delivery methods you used and requesting immediate written confirmation.
- Consider sending notice to multiple addresses. In addition to the claims office, send copies to the insurer’s corporate claims manager and legal department addresses, and to the insurer’s registered agent in Kentucky if you suspect internal misrouting. For corporate contact information, consult the Kentucky Secretary of State: https://sos.ky.gov.
- Document any improper direct contact with the insured. If the insurer continued to contact the insured after you mailed the letter, document that contact. Kentucky law and common bad-faith principles can make improper insurer communication or handling relevant to later claims or complaints.
- File a complaint with the Kentucky Department of Insurance if warranted. If the insurer refuses to acknowledge representation or you see evidence of mishandling, you can file a consumer complaint with the Kentucky Department of Insurance: https://insurance.ky.gov. The DOI can investigate insurer conduct, help obtain documents, and may mediate disputes.
Protecting deadlines and client rights
Do not assume delivery issues relieve you of critical deadlines. Preserve your client’s rights by calendaring any statute-of-limitations deadlines, filing a protective action when necessary, or providing written notice to relevant parties of the claimant’s position. If the claim has time-sensitive requirements (appeals, proofs of loss, federal deadlines), take immediate protective steps even while you sort out deliverability problems.
Sample content to include in a letter of representation
Keep the letter short and clear. Include:
- Client name and contact details;
- Claim number and date of loss;
- Statement that the client retained counsel and the effective date of representation;
- Request that all future communications be directed to counsel only;
- Signed retainer or authorization to discuss the file; and
- Request for written acknowledgement of receipt within a set time (e.g., 7 business days).
Relevant Kentucky resources and statutes
For general authority on insurance matters and consumer protections, consult the Kentucky Revised Statutes (insurance provisions) and the Kentucky Department of Insurance. Kentucky statutes are available from the legislature site: https://apps.legislature.ky.gov/law/statutes/. Consumer help and complaint options are at the Kentucky Department of Insurance: https://insurance.ky.gov.
When to consider further legal steps
If the insurer’s failure to acknowledge representation causes prejudice to your client (for example, missed deadlines, lost coverage, or improper communications), consider:
- Requesting the insurer’s claims log and correspondence through discovery or a documented demand;
- Filing a regulatory complaint with the Kentucky Department of Insurance;
- Pursuing a civil action alleging breach of contract or bad-faith handling of a claim if the facts justify it.
Helpful Hints
- Always send the first letter of representation by at least two methods (certified mail and email) so you can show multiple records of delivery attempts.
- Use firm letterhead and a signed retainer to make a more formal and harder-to-ignore notice.
- Keep a contemporaneous log of calls and contacts with name, title, date, time, and a short note about what was said.
- Request copies of the insurer’s claim file early. Many disputes hinge on what the insurer recorded internally.
- If you receive no written acknowledgement, follow up in writing asking the insurer to state whether it will communicate with counsel moving forward.
- If the claim is urgent, do not wait for acknowledgement; take protective legal steps to preserve the client’s rights.
Disclaimer: This article explains general information about procedures under Kentucky law and is not legal advice. Do not rely on this article as a substitute for advice about your specific matter. Consult a qualified Kentucky attorney to discuss your situation and next steps.