Nevada: Steps to Take If an Insurer Says It Never Received Your Letter of Representation

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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

Short answer

If an insurance company claims it never received your letter of representation, act quickly and carefully: verify the intended recipient and address, gather and preserve all proof of your original transmission, resend the letter using trackable methods (certified mail + email), ask for written acknowledgement, document every contact, and consider filing a complaint with the Nevada Division of Insurance if the insurer continues to deny receipt or refuses to deal with your attorney. Protect deadlines (including any statute of limitations) while you sort the communication issue.

Detailed answer — step‑by‑step under Nevada law

Below is a practical workflow to follow when an insurer says it never received a letter that notifies them an attorney now represents a claimant. These steps assume you are the claimant or the claimant’s attorney and start from zero legal knowledge.

  1. Confirm the addressee and claim information.

    Before taking further steps, confirm you sent the letter to the right place. Check the insurer’s claim number, the adjuster’s name, and the insurer’s preferred mail or e‑mail address. Look for a claim contact on the insurer’s website or any prior correspondence. If you mailed to the wrong address, resend immediately to the correct one.

  2. Gather proof of your original transmission.

    Locate any evidence that you sent the letter: certified mail receipts and return‑receipts (PS Form 3811), USPS tracking numbers, courier tracking records, the sent folder in your email with timestamps and attachments, read‑receipt notifications, or fax transmission reports showing a successful transmission. If you posted the letter on an insurer portal, save screenshots with timestamps.

  3. Resend the letter using multiple trackable methods.

    Resend the letter of representation by at least two methods on the same day: (1) U.S. Mail — Certified Mail with Return Receipt Requested (or an equivalent trackable commercial courier), and (2) email to the adjuster and the insurer’s general claim inbox. Include the claim number, the original mailing date, and attach a copy of your original letter and the proof of the initial mailing. If the insurer has an online claim portal, upload the letter there as well and save confirmation screenshots.

  4. Request written acknowledgement and set a short deadline.

    Ask the insurer to acknowledge receipt in writing (email is fine) within a short, reasonable period (for example, 7–10 business days). If the insurer is required by internal rules or by Nevada law to communicate with counsel about a claim, an acknowledgement helps create a record that the insurer received notice of representation.

  5. Document all communications and preserve originals.

    Keep a running log with dates, times, names, phone numbers, and summaries of verbal conversations. Save copies of all letters, emails, delivery receipts, and portal confirmations. If you spoke with an adjuster by phone, follow up with a brief confirming email that memorializes what was discussed.

  6. Escalate inside the insurer if necessary.

    If the adjuster or local office continues to deny receipt, contact the insurer’s regional claim manager or their corporate claims unit. Provide the proof you gathered and ask for a written response documenting their position. Keep escalating until you reach someone who will respond in writing.

  7. File a consumer complaint with the Nevada Division of Insurance (DOI).

    If the insurer refuses to acknowledge receipt or engages in conduct that appears to be an unfair claim settlement practice, you may file a complaint with the Nevada Division of Insurance. The DOI handles consumer complaints about insurance companies and can investigate unfair claim handling. Nevada law addresses unfair claim settlement practices generally in the Nevada Insurance Code; see the Nevada Revised Statutes Chapter on unfair claims practices: NRS Chapter 686A. Also visit the Division of Insurance: doi.nv.gov.

  8. Protect any time limits and consider litigation timing.

    Don’t let the communication dispute cause you to miss important legal deadlines. If you are approaching filing deadlines, statute of limitations issues, or case deadlines, take protective action (for example, timely filing suit or seeking a tolling agreement) even while you continue to resolve the representation‑notice problem. Nevada’s statutes governing limitations are generally found in the Nevada Revised Statutes; see NRS Chapter 11 for provisions about actions and limitations. If you are unsure about specific deadlines, consult an attorney promptly.

  9. Consider formal discovery or court remedies if litigation starts.

    If you later bring a lawsuit, the court’s discovery rules and motion practice allow you to obtain communications and to ask the court to sanction parties who destroyed or hid evidence. The record you preserved (mail receipts, emails) will help show that you attempted to notify the insurer.

In some situations the insurer’s denial of receipt could be an administrative error, a misdirected mail issue, or a deliberate avoidance tactic. The combination of rapid resend by trackable methods, written escalation, DOI involvement, and protecting deadlines usually addresses the problem.

Sample follow‑up message you can send

Use this short template when you resend and ask for acknowledgement (adapt for email or letter):

To: [Adjuster name] / Claims Dept
Claim #: [claim number]

On [original mailing date] we sent you a signed Letter of Representation for [client name]. The insurer has indicated it did not receive that letter. Attached are copies of the original letter and the mailing receipt (tracking number: [xxx]).

Please acknowledge receipt of this representation letter in writing by [date — 7–10 business days]. If you require additional proof, let us know immediately. We have also uploaded the letter to your claim portal and sent this message by certified mail.

Sincerely,
[Attorney name]
[Law firm]
    

Helpful Hints

  • Always send important notices by at least two delivery methods (e.g., certified mail + email).
  • Use certified mail with Return Receipt (PS Form 3811) or a courier with signature capture to create strong proof of delivery.
  • Keep screenshots of insurer portal uploads and the portal’s upload confirmation details.
  • Maintain a written call log for any phone contacts and follow up phone calls with a brief confirmation email.
  • If you get a verbal acknowledgement, ask the insurer to confirm in writing and save that email.
  • If an adjuster changes mid‑claim, resend the representation letter to the new adjuster and document the handoff.
  • If you believe the insurer’s denial is part of a pattern of delay or bad faith, consider filing a complaint with the Nevada DOI: doi.nv.gov.
  • Act quickly on statutes of limitation or other filing deadlines — do not wait for the communication dispute to be resolved before protecting your client’s rights.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. For advice about a particular situation under Nevada law, consult a licensed Nevada attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.