Disclaimer

This information is educational and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Maine.

Detailed Answer

If an insurance company tells you it never received a letter notifying them that an attorney represents an insured or claimant, act quickly to preserve your client’s rights and to create reliable proof of notice. Below are concrete, step-by-step actions commonly used in Maine to fix the problem and limit exposure.

1) Confirm the original delivery information

Check how and where the original letter was sent and whether you used the insurer’s claim number and the adjuster’s full name and contact details. Locate any tracking numbers, certified-mail return receipts, email delivery notifications, or fax confirmations. If you have a scanned copy of the signed letter, keep that too.

2) Immediately resend the letter using methods that create reliable proof

Resend the representation notice to the insurer using several methods at once:

• Certified U.S. Mail with Return Receipt (green card) or equivalent tracked delivery.
• Courier service with signature confirmation (FedEx/UPS).
• Commercial email directly to the claim handler and the insurer’s general claims inbox, with the client’s signed authorization attached. Request a read receipt.
• Fax with a printed transmission confirmation page, if the insurer accepts faxes.

Include the claim number, the insured’s name, your bar number (if applicable), and a clear statement that the client authorizes communication with you. Ask the insurer to confirm receipt in writing within a short deadline (for example, 5–7 business days).

3) Create contemporaneous proof of your attempts

Keep a single organized file that includes:

• Copies of every letter, email, fax transmission page, and certified-mail receipt.
• A log with dates, times, persons you contacted, and summaries of conversations.
• An affidavit of mailing (sworn statement) if you mailed the original letter and do not have a return receipt.

4) Demand written acknowledgement and identify the appropriate recipient

If the person who first received the representation notice was not the claims adjuster or the insurer’s authorized contact, ask the insurer in writing to identify who received the original correspondence and why it was not routed to the adjuster. Request written acknowledgment that future insurer communications will go to counsel only.

5) Protect your client from disclosure

If the insurer continues to contact the client directly after you notify them of representation, instruct the client to decline to discuss the claim and to forward any insurer correspondence to you immediately. Document those communications. In many circumstances, communications between the insurer and counsel should be handled only through counsel once representation is established.

6) Use the Maine Bureau of Insurance if the insurer refuses to cooperate

If the insurer refuses to accept your notice of representation or otherwise mishandles communications, you can file a complaint with the Maine Bureau of Insurance. The Bureau provides guidance and investigates consumer complaints related to insurer conduct. See Maine Bureau of Insurance consumer information at: https://www.maine.gov/pfr/insurance/consumer/complaint.shtml. For general statute reference on insurance law in Maine, see Title 24-A of the Maine Revised Statutes: https://www.mainelegislature.org/legis/statutes/24-A/title24-Aindex.html.

7) Consider remedies if the insurer’s failure to accept representation causes harm

If an insurer’s refusal or failure to accept notice results in prejudice to your client (for example, missed deadlines or unnecessary disclosures), discuss possible remedies with counsel. Remedies depend on the facts and may include seeking judicial relief, asserting breach of contract or statutory claims under Maine insurance law, or pursuing administrative action through the Maine Bureau of Insurance. Because remedies are fact-specific, consult an attorney promptly.

8) Prevent recurrence: adopt reliable intake and notice procedures

Create a standardized process for delivering letters of representation: use tracked mail, send a contemporaneous email, require client-signed authorization forms, and follow up until you receive written acknowledgment from the insurer. Document each step in your file.

Helpful Hints

• Include the insurer’s claim number, adjuster’s full name, and a client-signed authorization on every notice.
• Send the same notice by at least two delivery methods (e.g., certified mail + email) to build redundancy and proof.
• Keep a single chronological log of all contacts, including phone calls. Note date, time, person, and substance.
• If you mailed a letter but lack proof of delivery, file an affidavit of mailing and resend with tracked service.
• Ask the insurer for a written acceptance of representation and a promise to route future communications to counsel only.
• Do not let the client answer substantive claim questions from the insurer. Direct all insurer requests to counsel once representation is claimed.
• If the insurer ignores or mishandles your notice, use the Maine Bureau of Insurance complaint portal: https://www.maine.gov/pfr/insurance/consumer/complaint.shtml.
• Act fast. Missed deadlines or inadvertent disclosures can harm your client’s claim.