Detailed answer
If an insurance company tells you it never received your attorney’s letter of representation, act quickly and methodically. Prompt, documented steps protect your client’s claim, preserve deadlines, and create a clear record you can use if the insurer later disputes notice or tries to avoid dealing with your attorney. Below are practical, step-by-step actions consistent with how New Mexico law treats insurer claim handling and consumer protections.
1) Confirm what was sent and to whom
Start by reviewing your records. Confirm the date you mailed or emailed the letter, the exact recipient name (claims adjuster, claims department, or specific address), the claim number, the insured’s name, and the policy number. If you used email, check the sent message details and any automatic delivery/read receipts.
2) Re-send the letter with strong proof of delivery
Resend the notice immediately using methods that create a verifiable delivery record:
- Send a copy by certified mail with return receipt requested (USPS Certified Mail). Keep the mailing receipt and the signed green card or electronic delivery confirmation.
- Send the letter by an overnight courier (e.g., FedEx/UPS) with tracking and proof of delivery.
- Send a scanned copy by email to the claims adjuster and the insurer’s general claims address, and keep the sent message and any automatic responses. If your email system supports read receipts, request one.
- Fax a copy if the insurer accepts faxes; keep the fax transmission report showing success and a timestamp.
Include a short cover note: reference the original mailing date, attach a copy of the original letter, state that this is re-sending with proof of delivery, and request confirmation of receipt within a stated short period (for example, 5 business days).
3) Document all communications
Keep a contemporaneous log of all calls, emails, faxes, and letters. For calls, record the date, time, name and title of the person you spoke with, a short summary of the conversation, and whether the insurer acknowledged receipt of the resent notice. Follow up important calls with a short confirming email summarizing what was discussed; that gives you a written record the insurer can’t easily repudiate.
4) Ask the insurer to record your attorney of record in its file
Request that the insurer update its claim file to show you as counsel for the claimant/insured and to direct all future communications to you. Ask for written confirmation (an email or letter) that the insurer has entered your representation into its records and will communicate only with counsel for matters covered by the representation.
5) Preserve proof that the original letter was sent
If you mailed the original letter, retain a copy of the letter and the original mailing receipt or certificate of mailing. If you used electronic delivery originally, preserve the sent email with headers and any server logs that show transmission. If you used a law firm mailroom, get an affidavit or a business record confirming dispatch.
6) Use an affidavit or declaration if needed
If the insurer later denies receiving notice and your case proceeds to litigation or formal dispute, consider preparing a sworn affidavit or declaration that documents when and how you sent the original letter. Many courts accept such evidence to show timely notice. An affidavit should say who prepared and mailed the letter, when it was mailed, how it was addressed, and what method was used (certified mail, FedEx, etc.).
7) Protect deadlines and file for relief if required
Some insurance policies or statutes impose strict notice deadlines for claims, suits, or suits against excess carriers. If you face an approaching deadline (statute of limitations, policy-required suit-filing period, or reservation-of-rights deadline), file suit or take other protective steps before the deadline while continuing to pursue confirmation from the insurer. Filing can preserve the claim while the notice dispute is resolved. Discuss with counsel whether to file and serve pleadings to protect your client’s rights.
8) If the insurer’s refusal harms the claim, consider complaints or enforcement options
New Mexico law prohibits unfair claims handling practices. If an insurer refuses to acknowledge or act on a valid letter of representation (or otherwise misrepresents its receipt in a way that prejudices the claimant), you may pursue administrative or legal remedies. For general information on New Mexico insurance consumer assistance, contact the New Mexico Office of Superintendent of Insurance: https://www.osi.state.nm.us/. For the state insurance statutes, see the New Mexico legislative website (search Chapter 59A for the insurance code and provisions on unfair practices): https://www.nmlegis.gov/Laws.
9) Consider bad faith or unfair claim handling only after careful review
Under New Mexico law, insurers can face liability for unreasonable delay, refusal to pay, or other unfair claim-settlement practices if those acts cause harm. Whether the insurer’s claim that it never received a representation letter rises to a legally actionable unfair practice depends on the facts—whether you had proof of delivery, whether the insurer’s denial caused prejudice, and whether the insurer acted unreasonably or dishonestly. Preserve documentation and consult counsel about whether a bad-faith or extra-contractual claim is appropriate.
10) If you are the insured (not the attorney), instruct your attorney on these steps
If you’re the client, ask your attorney to confirm they mailed the letter and to follow the steps above. Ask your attorney to provide you copies of all proof of mailing and communications with the insurer so you can keep your own record.
Helpful Hints
- Whenever possible, send an original and a copy: original by certified mail or courier; copy by email. Multiple delivery channels reduce risk.
- Always include clear claim identifiers on correspondence: claim number, insured name, policy number, and date of loss.
- Request written acknowledgment of representation by the insurer. An insurer’s email or letter accepting the attorney as counsel is valuable proof.
- If you used ordinary mail for the original transmission and the insurer claims nonreceipt, a later certified-mail return receipt for the re-sent notice strengthens your position, but it does not retroactively prove the original was mailed—so get sworn statements about the original mailing if possible.
- Keep originals of all mailing receipts, tracking printouts, delivery confirmations, fax logs, and server logs. If you must litigate, courts and regulators look for contemporaneous records.
- Act before deadlines. If a statute of limitations or policy notice deadline is approaching, file suit or take protective steps while continuing to press the insurer for recognition of counsel.
- If you suspect the insurer is intentionally avoiding counsel letters (for example, to intercept communication or to delay), notify the insured and document how the insurer’s behavior prejudices the claim; that documentation will matter for any later claims for unfair claim handling.
- Use a simple cover email that includes the phrase “Letter of Representation — Please Confirm Receipt” in the subject line. This makes it easier to find and identify in the insurer’s inbox and claim system.
Statutes and resources
Relevant New Mexico resources and statutes you can consult:
- New Mexico insurance laws and statutes (search the Insurance Code under Chapter 59A): https://www.nmlegis.gov/Laws
- New Mexico Office of Superintendent of Insurance (consumer assistance and complaint filing): https://www.osi.state.nm.us/
Final note and disclaimer: This article explains common practical steps under New Mexico law but is not legal advice. It does not create an attorney-client relationship. For advice about a specific case or deadline, consult a licensed New Mexico attorney promptly.