Detailed Answer

If an insurance company says it never received your letter of representation, act quickly and methodically. The insurer’s claim of nonreceipt can slow a claim, create unfair delay, or — in rare cases — be used to argue procedural deficiencies later. The goal is to create clear, verifiable proof that you informed the insurer and to protect your client’s legal rights and any time-sensitive claims.

Immediate steps to protect the record

1. Confirm where you sent it. Check the policy and prior correspondence for the insurer’s authorized mailing address, claims email, and the adjuster’s contact details. Insurers and their agents may use multiple addresses; sending to the correct department matters.
2. Resend using verifiable methods. Send the letter of representation again by:
   • Certified mail with return receipt requested (USPS Form 3811);
   • Delivery service with tracking and a signed delivery record (e.g., UPS, FedEx);
   • Email to the adjuster and the insurer’s claims inbox with read receipt requested and a PDF attachment of the signed letter; and
   • Fax, if the insurer accepts it, keeping the fax transmission report that shows date/time and a confirmation of pages transmitted.
3. Create a contemporaneous cover email/letter that asks the insurer to acknowledge receipt in writing within a short deadline (for example, 7–10 days). That creates a record of your request for confirmation.
4. Keep and catalog proof. Save the certified mail receipt, tracking numbers, signed delivery receipts, email headers (showing sender/recipient and timestamps), and fax confirmation pages. Add these items to a claim file with dates and brief notes about each attempt.
5. Follow up by phone and log the call. Call the adjuster and the insurer’s claim intake line. Note the date, time, person spoken to, and what they said. Ask the insurer to search the claim file for receipt and to put a copy of your letter into the claim file immediately.

If the insurer continues to deny receipt

Take these additional steps:

• Send a certified “second notice” and include proof of earlier mailing. Attach copies of your original letter, the original mailing receipt (if available), and a short affidavit describing your attempts to notify the insurer.
• Demand a written acknowledgement of representation and a statement of the insurer’s current position. Request a written statement confirming whether they accept or reject representation notice and whether they will put the file on hold to avoid further communications with the insured.
• Preserve discovery trails. If litigation becomes necessary, your documented record of attempts and the insurer’s responses will be key evidence. In litigation, you can require the insurer to produce its claim file; inconsistent file notes can be powerful proof.
• Watch notice deadlines in the policy and the statute of limitations. Many policies require prompt notice of claims or suits. Also, Rhode Island’s statute of limitations for personal-injury and property-damage claims is limited in time. For most negligence actions the period is three years; see R.I. Gen. Laws § 9-1-14 for the standard limitation on actions for injuries to the person and property: R.I. Gen. Laws § 9-1-14. If you approach a deadline, consider filing suit or a tolling agreement to protect rights while the receipt dispute is resolved.
• Consider filing a consumer complaint with Rhode Island’s insurance regulator. If the insurer refuses to acknowledge receipt or otherwise acts in bad faith, you may file a complaint with the Rhode Island Department of Business Regulation, Division of Insurance: RI Division of Insurance. The regulator can investigate unfair claim practices.

When to consider litigation or additional legal steps

If the insurer’s refusal to acknowledge representation causes prejudice (for example, missed deadlines, denial of coverage defenses asserted, or exposure of communications with your client), you may need to:

• File suit to protect the claim before the statute of limitations runs.
• Move for discovery to obtain the insurer’s claim file and notes showing whether a received letter was logged.
• Seek sanctions or evidentiary relief in court if the insurer destroyed or altered records (spoliation), or if it intentionally obstructed your representation.

Whether to sue or pursue regulatory remedies depends on the specific facts and timing. If you represent a client, weigh the risk of delay against the costs of immediate suit.

Common reasons insurers claim they never received a letter

• The letter was sent to the wrong department or an old address.
• The insurer uses outside third-party administrators; a notice may have been routed incorrectly.
• Administrative oversight: the letter arrived but was not scanned or logged.
• Deliberate stalling by an adjuster, though that raises potential bad-faith issues.

Helpful Hints

• Use multiple delivery channels at once: certified mail + email + tracked courier. Redundancy helps establish receipt.
• Always request a written acknowledgment and set a short, specific deadline for a response.
• Document everything with short dated entries. A contemporaneous log is persuasive evidence.
• Check the policy for specific notice requirements and deadlines; follow them exactly where possible.
• If a limitations deadline is near, consider filing suit or arranging a tolling agreement while you resolve the receipt dispute.
• Keep client communications clear: tell the client what you sent, when, and how you will proceed if the insurer denies receipt.
• If you suspect bad faith (pattern of delay or denial), gather evidence of the insurer’s handling of other similar claims and consider a regulator complaint.
• If you need a sample affidavit of mailing, certified-mail receipts, or a cover email/template, keep standard templates on file to speed re-sending.