Detailed Answer

Short overview: If an insurer tells you (or your attorney) it never received a letter of representation, move quickly to re-establish notice and create a clear, verifiable paper trail. Oklahoma law and regulators expect insureds and their counsel to give prompt, documented notice of representation. The practical steps below explain how to prove you gave notice, how to re-notify properly, how to protect your client’s rights, and when to involve the Oklahoma Insurance Department or the courts.

1. Confirm what the insurer says it lacks

Start by identifying exactly what the insurer says it did not receive: a signed retainer/engagement letter, an authorization to communicate with counsel, a Notice of Representation, or some other document. Ask for the name, job title, and contact information of the person who reviewed your file and concluded the letter was missing. Document the call (date, time, who you spoke with, and what they said).

2. Check your original delivery method and proof

Gather every record tied to the original mailing or transmission: certified-mail return receipt, USPS tracking number, courier tracking and signature, email headers and attachments, fax confirmation pages, or file notes showing delivery. If you mailed the letter, locate the proof of mailing or the signed receipt. If you emailed, pull the full email headers showing outbound transmission and any bounce or delivery reports.

3. Resend with reliable, verifiable methods

Even when you have some proof, resend the letter using two or more documented channels:

• Certified mail with return receipt requested (USPS) or courier with delivery signature (FedEx/UPS). Keep tracking and signed delivery records.
• Email to the insurer’s claims address and to the claims adjuster and any in-house counsel. Attach the signed engagement letter and a client authorization. Request confirmation of receipt in the email body and keep the sent message and attachments.
• Fax with confirmation sheet if your office uses fax—save the transmission confirmation.

Label the subject line and cover page clearly (e.g., “Notice of Representation – [Insured’s Name] – Claim #XXXXX”) so it is easy to match to the claim file.

4. Create a contemporaneous timeline and keep copies

Immediately log dates and times for every attempt to contact the insurer, including phone calls, emails, and mailings. Keep screenshots and scanned copies of all documents you send or receive. If the insurer later disputes notice, this timeline and supporting documents are your primary proof.

5. Escalate within the insurer and try to get written acknowledgment

If the adjuster claims nonreceipt, escalate to the adjuster’s supervisor, the claims manager, or the insurer’s legal department. Politely request written acknowledgment that counsel is on the claim file. If you get a phone confirmation, follow up with an email summarizing the call and asking the insurer to confirm in writing.

6. Use a client authorization to release information

Send a signed client authorization (medical/payor or records release when applicable) so the insurer can update its file without delay. Attach the signed retainer and state clearly who may speak to the insurer on the client’s behalf.

7. Preserve claim-related deadlines and rights

Keep insurance deadlines and statute-of-limitations issues in mind. If the insurer’s failure to acknowledge representation could cause a missed deadline, consider filing suit or seeking emergency relief to protect the client’s rights. Consult with counsel immediately to determine timing and remedy.

8. File a complaint with the Oklahoma Insurance Department (OID)

If the insurer will not correct its records or if you suspect an unfair claim practice, you may file a consumer complaint with the Oklahoma Insurance Department. The OID reviews handling and communication problems and can require the insurer to correct its file. Visit the OID for consumer assistance: Oklahoma Insurance Department. For general information about Oklahoma statutes and the insurance code, use the Oklahoma Legislature website: Oklahoma Legislature.

9. Consider litigation steps when appropriate

If the handling of a claim rises to bad faith or a denial harms your client, you may need to consider filing suit. Oklahoma courts recognize insurer bad-faith claims under certain circumstances. If litigation is filed or pending, file a formal substitution of attorney or a notice of appearance with the court and serve all pleading/documents to insurer counsel and adjuster per the applicable rules.

10. Best evidence practices going forward

From now on, use delivery methods that generate objective proof (certified mail, courier signature, and email with attachments). Ask insurers to confirm in writing when they update claim files to show counsel is representing the insured. Maintain a single claim folder with all documents, confirmations, timestamps, and the contact log.

Relevant Oklahoma resources

• Oklahoma Insurance Department (consumer complaints and guidance): https://www.ok.gov/oid/
• Oklahoma Legislature (search statutes, including the Insurance Code): https://www.oklegislature.gov/
• Oklahoma Bar Association — lawyer referral and public resources: https://www.okbar.org/

Disclaimer: This article explains common steps under Oklahoma practice and points you toward official resources. It is educational only and is not legal advice. Consult a licensed Oklahoma attorney to address specific legal issues or to represent you.

Helpful Hints

• Always send a client-signed authorization along with the retainer/engagement letter when you notify an insurer—this removes ambiguity about authority to communicate.
• When emailing, include a short cover note in the body with the claimant’s name, claim number, and request for written confirmation of receipt.
• Keep both physical and electronic copies of every sent document and of any delivery confirmations.
• If you receive only a verbal acknowledgment, immediately follow up by email summarizing the conversation and ask for written confirmation.
• If an insurer claims it never received the letter but later acts in a way inconsistent with that claim (e.g., discusses settlement), preserve that evidence — it may help prove actual notice.
• If deadlines loom, do not wait for the insurer to acknowledge; take steps to protect rights (e.g., suit, tolling agreement) while you resolve the notice dispute.
• If you suspect systemic problems with the carrier’s claim-handling, file a complaint with the Oklahoma Insurance Department and keep a copy of the complaint for your file.