Disclaimer: This is general information and not legal advice. I am not a lawyer. If you need legal advice about a specific situation, consult a licensed Utah attorney.

Detailed answer — practical, step-by-step actions under Utah law

If you are an attorney (or a policyholder working with one) and the insurer tells you it never received a letter of representation, take immediate, documented steps to prove delivery, re-establish representation, and protect your client’s rights. Under Utah’s insurance laws and consumer protections, insurers must handle claims reasonably and not unreasonably delay responses. If an insurer refuses to recognize that it has a lawyer for a claim, your written proof of representation becomes critical.

1. Confirm the original mailing details:

   Check the exact mailing address, email address, fax number, and claims portal you used. Confirm the claim number, insured’s name, date of loss, and adjuster name were included. Small errors (wrong claim number, misspelled name, incorrect address) often cause “nonreceipt.”

2. Resend the letter using multiple verifiable channels immediately:
   • Send a copy by certified mail with return receipt (USPS Certified Mail with Return Receipt Requested). Keep the receipt and the signed return card.
   • Email the representation letter to the listed claim adjuster and to the insurer’s general claims/attorney mailbox. Request a read receipt and ask for written acknowledgement.
   • Fax a copy if the insurer uses fax for claim communications and save the fax transmission confirmation page.
   • Upload the letter to the insurer’s online claims portal if available, and save the upload confirmation.
3. Include required identification and authorization in the letter:

   Make sure the letter includes client name, policy number, claim number, date of loss, the name of the insurer, the name of the adjuster if known, your bar number, firm contact information, and a signed retainer or authorization showing the client authorizes you to act and to receive claim information. If medical records or protected health information are involved, include a HIPAA-compliant authorization signed by the client.

4. Ask for written acknowledgement and a request for a single point of contact:

   In the cover email or letter, request that the insurer confirm in writing that it will direct future communications about the claim to your office. Set a short deadline (for example, 5 business days) for acknowledgement.

5. Document all follow-up communications:

   Keep detailed notes of all phone calls (date, time, person spoken to, and summary), save voicemail messages, and preserve all electronic correspondence. If an insurer later claims it never received notice, your contemporaneous file will show effort to notify.

6. Escalate within the insurer if necessary:

   If the adjuster or front-line claims representative denies receiving notice, send the same documentation to the claims supervisor, the insurer’s attorney-of-record (if different), and the insurer’s privacy or legal department. Demand written confirmation of receipt from a supervisor.

7. Preserve evidence you will need if litigation becomes necessary:

   Keep copies of the original letter, certified-mail receipts, return-receipt cards, email headers showing delivery, fax confirmations, portal upload receipts, and all call logs. These items establish a chain of communication and may be discoverable in litigation.

8. Consider sending a follow-up demand or reservation of rights response:

   If the insurer takes a coverage or claims position (for example, denies coverage or attempts to settle directly with the insured), promptly send a letter asserting representation, demanding that the insurer stop communicating directly with the insured, and reserving all rights. This creates a record that the insurer was put on notice of counsel’s involvement.

9. Use Utah consumer complaint channels if the insurer won’t cooperate:

   If you get no response or you believe the insurer is acting in bad faith, file a complaint with the Utah Insurance Department’s Consumer Services Division. You can find consumer complaint information here: https://insurance.utah.gov/consumer/complaints.

10. Evaluate remedies, including litigation or administrative action:

    Repeated refusals by an insurer to acknowledge counsel may factor into a later action for breach of contract or an unfair-claims-practices complaint. Utah law addresses unfair claims settlement practices. See Utah Code §31A-26-303 (Unfair practices) for the statutory framework relating to insurer conduct: https://le.utah.gov/xcode/Title31A/Chapter26/31A-26-303.html. If you suspect bad-faith claims handling, discuss potential causes of action with counsel right away.

Taking these steps quickly minimizes the risk that the insurer will characterize late notice as prejudice to the claim or assert that communications with the insured were proper.

Helpful Hints

• Always send the representation letter to multiple addresses (adjuster email, general claims email, claims mailbox, and physical address) to reduce risk of “nonreceipt.”
• Use certified mail with return receipt for irrefutable proof of physical delivery. Keep the signed green card or electronic equivalent.
• Save email headers (not just the body) to show delivery metadata (from, to, date, and server stamps).
• When possible, get an explicit written acknowledgement from the insurer that all future communications should be sent to counsel.
• Include a clear authorization signed by the client so the insurer can legally speak with you without question.
• If medical records are needed, include a HIPAA-compliant authorization to avoid delay in access to records.
• File a complaint with the Utah Insurance Department if the insurer’s behavior appears unfair or unreasonable: https://insurance.utah.gov/consumer/complaints.
• Keep client informed when you resend notices; clear communication prevents misunderstandings and preserves the attorney-client relationship.
• Act quickly. Delays in re-notifying the insurer can create arguments about prejudice or waiver of defenses.