What to do if an insurer says it never received your letter of representation — detailed steps for Vermont

Disclaimer: This is general information and not legal advice. I am not a lawyer. If you need legal advice about your specific situation, contact a Vermont attorney.

Detailed answer: immediate and practical steps to take

If an insurance company tells you it never received your letter of representation, act quickly and document everything. Insurers often rely on clear, verifiable notice to recognize an attorney’s authority to communicate, to preserve claim deadlines, and to avoid communications that violate privacy rules. Follow the steps below to re-establish representation, protect your client’s rights, and create a record you can use if a dispute later arises.

1. Confirm the basics before you resend.
   • Verify the correct claims number, insured name, and policy number.
   • Confirm the insurer’s preferred claims address, fax number, and claims email. Check the insurer’s website and the adjuster’s contact information.
2. Resend the notice of representation using multiple, verifiable channels.
   • Send the notice by certified mail with return receipt (USPS Certified Mail). Keep the tracking number and return receipt.
   • Email the adjuster and the insurer’s official claims inbox. Save sent messages and request a read receipt if available.
   • Fax the notice to the insurer’s claims fax and retain the fax transmission confirmation page.
   • If applicable, upload the notice to any secure claims portal and keep upload confirmations or screenshots showing timestamp and file name.
3. Include clear, complete contents in the notice.
   • State the date you began representing the client and the scope of representation (claims, litigation, settlement authority if any).
   • Attach a signed retainer agreement or a signed and dated notice-of-appearance/authorization to discuss with insurer representatives.
   • Reference the claim number, insured, date of loss, and any pending lawsuit or deadlines.
4. Ask for written acknowledgment.
   • Request that the insurer confirm in writing (email or letter) that it has received and recorded your notice of representation.
   • Set a reasonable deadline for acknowledgment (for example, 5–10 business days).
5. Document all communications and responses.
   • Keep a log with dates, times, names of people contacted, and summaries of calls or messages.
   • Keep copies of mailed letters, certified mail receipts, email headers, fax confirmations, and portal receipts.
6. Escalate internally if the insurer continues to deny receipt.
   • Ask to speak to the claims supervisor or manager and request written confirmation of the insurer’s position.
   • If the adjuster’s contact information seems incorrect, ask the insurer for the correct claims mailing address and an alternate contact.
7. Protect deadlines and client interests while resolving the dispute.
   • If a statute of limitations, policy notice deadline, or litigation deadline approaches, take steps to protect the claim immediately. In many cases you should proceed as if representation applies and preserve the client’s rights (e.g., file suit or provide required notices) if required.
   • Discuss with your client whether to authorize direct client contact with the insurer until you receive written acknowledgment.
8. Consider formal written complaint to the Vermont regulator if the insurer acts improperly.
   • If the insurer refuses to acknowledge valid notice or otherwise mishandles the claim, you or your client may file a consumer complaint with the Vermont Department of Financial Regulation, Insurance Division: https://dfr.vermont.gov/insurance/consumers/file-complaint
9. Preserve evidence in case of future disputes over notice or bad faith.
   • Retain certified mail receipts, emails, and any insurer responses. These items help show when notice was provided and how the insurer responded.
   • Consider obtaining a certificate of service or an affidavit from your office about the dates and methods of delivery if litigation becomes necessary.
10. When to consult outside help.
    • If the insurer’s position creates risk of lost rights or a serious coverage dispute, advise the client about the benefits of prompt court filings or motion practice and consult with an attorney experienced in Vermont insurance law.

Why insurers sometimes say they didn’t receive a letter

Common reasons include clerical errors, incorrect claim numbers or addresses, separate claims systems (property vs. liability), delays in internal processing, or misdirected emails (spam filters). Less commonly, record-keeping problems or bad-faith handling may be involved. Clear, verifiable resubmission usually resolves the issue.

Where to get help in Vermont

• Vermont Department of Financial Regulation, Insurance Division: https://dfr.vermont.gov/insurance
• File a consumer complaint (insurance): https://dfr.vermont.gov/insurance/consumers/file-complaint
• Vermont statutes and legislative resources: https://legislature.vermont.gov/statutes/

Helpful Hints

• Always send your first notice by at least two delivery methods (certified mail + email or fax).
• Use a clear subject line in electronic messages: “Notice of Representation — [Claim #] — [Insured Name]”.
• Include a signed retainer or authorization so the insurer can verify you represent the claimant.
• Keep paper and electronic logs of every contact with the insurer. Time and date stamps matter.
• If you must file suit to protect a deadline, preserve copies of all notices you sent before filing to show you attempted to notify the insurer.
• Be polite but firm when asking for written acknowledgment; ask for the name and title of the person who records attorney notices.
• If the insurer repeatedly mishandles notices, document the pattern before filing a complaint with Vermont’s regulator.

Following these steps will help you re-establish representation quickly and create a strong record if the insurer later disputes notice or handling. If your client faces an imminent deadline or a significant coverage refusal, encourage them to consult a Vermont attorney promptly.