Disclaimer: This article is for general information only and is not legal advice. It does not form an attorney-client relationship. If you need legal advice about your situation, contact a licensed Iowa attorney.
Detailed Answer — Clear steps to protect your client file and your claim
If an insurance company tells you it never received a lawyer’s notice of representation, act quickly and document everything. The goal is to create indisputable proof that the insurer received notice, preserve your client’s rights, and avoid missed deadlines in the insurance policy or under Iowa law.
1. Confirm what was sent and when
Start by locating the original letter, envelope, and any mailing or transmission receipts. Note the exact date you mailed or emailed the letter. If you used ordinary mail with no tracking, that makes later proof harder. Document who in your office prepared and signed the letter.
2. Re-send using methods that create reliable proof of delivery
Resend the notice immediately using multiple delivery methods so you have redundantly verifiable receipts:
- Certified mail with Return Receipt (PS Form 3811) to the insurer’s claims address — this yields a signed receipt when delivered.
- USPS or private carrier tracking with delivery confirmation (signature where possible).
- Send the same documents by email to the insurer’s claims email and to the specific adjuster or representative you have been dealing with. Request a read receipt and save the sent email and server logs. Follow up if there is a bounce or auto-reply.
- Fax with a confirmation page if the insurer maintains a fax number for claims; save the confirmation report.
3. Include clear proof of representation in the package
Attach the retainer letter or other written proof your law office uses showing the attorney-client relationship, and identify the claim file, the insured, the claim number, and the specific coverage, if known. Label the envelope and subject line clearly (e.g., “Notice of Attorney Representation — [Insured Name], Claim #[#]”).
4. Create and keep a contemporaneous log
Record dates, times, addresses, the method of delivery, the names of any insurer staff you spoke with, and summaries of phone calls. Keep all delivery receipts, email headers, and fax confirmations in a single claim folder (digital and physical copies).
5. Send a short follow-up letter giving a reasonable deadline
In the re-sent package, request acknowledgment of receipt within a short, reasonable period (for example, 7–14 days). Tell the insurer you will proceed as necessary to protect your client’s rights if you do not receive confirmation. Keep the tone factual and professional.
6. If the insurer continues to deny receipt or fails to respond
Take these next steps:
- File a consumer complaint with the Iowa Insurance Division. The Division can investigate insurer practices and may be able to help resolve communication failures. Iowa Insurance Division: https://iid.iowa.gov/
- Consider sending a formal “Notice of Intent” or a demand letter from counsel, with proof of delivery, if appropriate for the claim and consistent with any applicable policy notice requirements.
- Preserve evidence and consider a motion or affidavit establishing service if litigation becomes necessary. If lawsuit is contemplated, your attorney can obtain formal service methods recognized by the court.
7. Watch and protect all timing rules
Check the insurance policy for any written-notice deadlines (commonly found under “Duties After Loss” or “Notice and Proof of Loss”) and act so you do not miss them. Also be mindful of any statute of limitations for the underlying claim. If you suspect a deadline is imminent, immediately document your attempt to provide notice and consider seeking a court-authorized extension or tolling agreement where possible.
8. If you are the insured rather than counsel
If you are the named insured, tell your lawyer to resend and to provide you copies of all delivery receipts and correspondence. You can also contact the insurer’s consumer assistance or file a complaint with the Iowa Insurance Division yourself at the Division’s website: https://iid.iowa.gov/
9. Consider escalation and litigation steps
If the insurer’s denial of receipt leads to missed deadlines, denied coverage, or other harm, counsel can evaluate potential claims against the insurer, including claims for breach of contract or unfair claims practices. The Iowa Insurance Division handles consumer complaints about unfair or deceptive insurance practices.
When in doubt, act promptly. Re-sending and documenting communication is inexpensive and often resolves the issue before it becomes a bigger dispute.
Helpful Hints
- Always use a delivery method that yields a signed receipt when sending important legal notices.
- Keep both paper and scanned electronic copies of everything; back them up in two locations.
- Use a consistent, clear subject line and include claim numbers and insured names on every page.
- When emailing, include the adjuster’s name, insurer’s general claims address, and any insurer-specific claim portal upload receipt.
- If you speak to an insurer representative by phone, follow up by email summarizing the call and ask for written confirmation. Save the email thread.
- File a consumer complaint with the Iowa Insurance Division if the insurer refuses to acknowledge receipt or engages in conduct that looks like unfair claim handling: https://iid.iowa.gov/
- Check the insurance policy now for notice and proof-of-loss language and consult an Iowa attorney early to avoid missing legal deadlines or raising procedural defenses.