Detailed Answer
This article explains practical, step-by-step actions to take in New Hampshire when an insurer tells you they never received a letter of representation sent by you or your attorney. It assumes you have or represent a claimant and that a written notice of representation was sent but the insurer disputes receipt.
1. Immediately check and gather proof of transmission
- Locate original proof of mailing or delivery: certified mail return receipt (USPS Form 3811), USPS tracking number, FedEx/UPS tracking, fax transmission confirmation (fax header showing date/time), or email delivery/read receipts. Save screenshots, PDF receipts, and any returned envelopes.
- If you used email, gather the sent message from the “Sent” folder, SMTP headers, and any automated bounce or delivery failure messages. These items are evidence the communication left your system.
2. Re-send the letter with multiple delivery methods and request written acknowledgment
- Re-send the letter of representation immediately using at least two delivery methods (for example certified mail with return receipt plus email to the claim handler and to the insurer’s general claim email). Where available, use the insurer’s online claim portal and upload the letter there.
- In the cover email or letter, ask for written acknowledgment of receipt and state the effective date of representation (for example: “Please confirm receipt of this letter and acknowledge that [law firm] represents [client] regarding claim number X. Please provide written acknowledgment by [date].”).
3. Create and preserve a contemporaneous, organized file
- Log each contact: date, time, name/title of the person you spoke with, summary of the conversation, and next steps. Save voicemails and record calls only where legally permitted — New Hampshire is a one-party consent state for recordings (RSA references available at the New Hampshire RSA site linked below), so confirm you are complying before recording.
- Keep the originals and maintain a digital backup. Show a clear chain of events demonstrating you attempted to notify the insurer.
4. Ask the insurer for details about their “non-receipt” claim
- Request the name, department, and contact information for the person who says they did not receive the letter.
- Ask whether the insurer’s file has any conflicting address/contact information for the insured, claimant, or counsel and request a copy of the insurer’s claims log entries regarding receipt of correspondence.
5. Use confirmable service methods for future communications
- Use certified mail with return receipt or registered mail for important notifications. Use tracked courier services or a reputable e-service platform that provides timestamps and delivery logs.
- When sending via email, copy the insurer’s designated claims address and the claims adjuster, and use a read-receipt and clear subject lines referencing claim and file numbers.
6. If the insurer uses non-receipt as a defense to deny coverage or assert prejudice, dispute that defense quickly
- Send a written dispute letter citing your proof of transmission and demand that the insurer explain how the alleged non-receipt caused any prejudice to their position.
- Request internal review or appeal under the insurer’s claim procedure and preserve your right to litigate by reserving rights in writing (e.g., “We reserve all rights and remedies”).
7. Consider filing a complaint with the New Hampshire Insurance Department
If the insurer refuses to investigate, acknowledges receipt but still acts unreasonably, or treats your client unfairly because of an asserted non-receipt, you can file a consumer complaint with the New Hampshire Insurance Department’s Consumer Services Division. The Department can review claims handling practices and may be able to help resolve the dispute or open an administrative inquiry.
New Hampshire Department of Insurance: https://www.nh.gov/insurance
8. Preserve litigation options and consult counsel if needed
- If an insurer’s refusal to accept the letter leads to a missed deadline, denial, or other serious prejudice, obtain counsel (or if you are counsel, advise the client) about possible litigation or emergency court filings. In some cases courts allow equitable relief for insurer-created issues, depending on the facts.
- Keep deadlines and statutes of limitation in mind and act promptly to avoid losing rights unrelated to the representation notice issue.
Key legal resources
- New Hampshire statutes and legislative code (searchable Revised Statutes Annotated): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
- New Hampshire Department of Insurance — consumer assistance and complaint information: https://www.nh.gov/insurance
Important: Many insurance disputes turn on precise timing, contract language, and facts (for example, what the policy requires for notice, the insurer’s published claims procedures, and whether the insurer suffered any prejudice). The steps above are practical measures to protect your client and document your efforts.
Helpful Hints
- Send a short confirmation email after sending any mailed letter: the email body can summarize what you mailed and the date, and attaches a PDF of the mailed letter. This provides near-instant, additional evidence of transmission.
- When possible, address correspondence to a named person and to a general claims inbox. Single points of failure (addressing only a claims handler who later leaves) increase risk of “non-receipt.”
- Label materials clearly with the claim number, insured name, and your client’s name to reduce misfiling risk inside the insurer’s organization.
- Ask the insurer to put an acknowledgment of representation in the claim file and to confirm in writing that the insurer has updated its records.
- If you rely on fax, be aware that purported fax confirmations can sometimes be unreliable; pair fax with a tracked mail or email copy.
- Act quickly. The more time that passes between your transmission and the insurer’s denial, the harder it is to refute a non-receipt claim.
- Keep communications professional, brief, and focused on facts. A calm, documented paper trail helps both administrative complaints and court submissions.