What to do if an insurer says it never received your letter of representation — Detailed Answer

Disclaimer: I am not a lawyer. This article is educational and is not legal advice. For advice specific to your situation, consult a licensed Kansas attorney.

Detailed Answer — step-by-step actions to protect your client and your file

If an insurer tells you it never received a letter of representation, take controlled, documented steps immediately. In Kansas, insurers are regulated by state law and the Kansas Insurance Department. Acting promptly preserves your client’s rights and creates a record that you provided notice of representation.

Confirm your original delivery method and gather proof.

Locate the original envelope, tracking number, fax confirmation, email delivery/read receipts, and any scanned copy of the mailed or faxed letter. If you used certified mail, get the USPS tracking and return‑receipt record. If you sent the letter by email, save the sent message, delivery notification, and any automatic responses.
Resend the letter and use multiple documented channels.

Send a fresh, concise letter of representation that includes:
- Attorney and firm name, address, phone and email
- Client name and claim number
- Scope of representation and an express statement authorizing the insurer to communicate with counsel
- Request for written acknowledgement and an address for future communications
Deliver by certified mail with return receipt, email (with read/delivery receipt), and fax with confirmation page. Attach a copy of the original letter and label the new transmittal as a follow‑up that documents prior attempts.
Include a written authorization from your client.

Attach a signed authorization (client signature) that permits the insurer to talk to counsel. This removes any dispute over whether the attorney had authority to represent the claimant.
Request an acknowledgement and set a reasonable deadline.

Ask the insurer to confirm receipt in writing within a short period (for example, 7–10 business days). Provide a deadline in your cover letter and state that you will take further steps if the insurer does not acknowledge receipt.
Document every follow-up.

Record phone calls (note date, time, person spoken to, and summary). Keep copies of all letters, emails, faxes, and delivery confirmations in a single file. If an insurer later claims it never received notice, a complete record is your best proof.
Escalate to a supervisory contact or the insurer’s claims manager.

If front‑line claims staff disputes receipt, send your follow‑up directly to the claims manager or the adjuster’s supervisor and copy the insurer’s general counsel or legal department email address if available.
Check policy requirements and preserve deadlines.

Review the policy for notice provisions and any claim‑filing deadlines. Some policies require prompt notice to preserve coverage. If you cannot get confirmation from the insurer, document your timely attempts so you can show you complied with policy notice requirements.
Use the Kansas Insurance Department if needed.

If you cannot get an adequate response, file a consumer complaint with the Kansas Insurance Department. The Department can help investigate insurer practices and may provide complaint forms and instructions: Kansas Insurance Department — File a Complaint.
Consider litigation steps if a case is pending.

If a lawsuit is filed or litigation is imminent and the insurer’s refusal to acknowledge representation hinders defense, consider filing a notice with the court or a motion to protect client rights. Coordinate with local counsel about how best to notify the insurer under court rules.
Evaluate potential statutory or regulatory violations.

Depending on the facts, persistent failure to acknowledge counsel may implicate insurer practices governed by Kansas insurance law (insurance Chapter 40) or the Kansas Insurance Department rules. For general reference to Kansas insurance statutes, see Chapter 40 of the Kansas statutes: Kansas Statutes — Chapter 40 (Insurance).

When to involve outside resources

Escalate sooner when:

The insurer’s denial prevents you from meeting court or policy deadlines.
The insurer’s actions create a clear prejudice to your client’s claim or defense.
Repeated efforts to obtain acknowledgement fail and the insurer gives inconsistent answers.

Evidence you should preserve

Certified mail tracking and return receipt (PS Form 3811)
Email headers showing time stamps, delivery and read receipts
Fax transmission covers and confirmation reports
Copies of both the original and follow‑up letters of representation
Signed client authorization to speak with insurer
Detailed call logs with names and times

Helpful Hints

Use clear subject lines in email, such as: “Representation Notice — [Client Name] — Claim # [####]”.
Keep copies of everything in both a chronological file and a litigation readiness folder.
When possible, request a claim number and the adjuster’s direct contact info in your first follow‑up.
If you expect coverage disputes, send your letter to both the claims adjuster and the insurer’s legal department.
Set calendar reminders for follow‑up deadlines and for the policy’s notice requirements.
If the insurer claims internal system error, ask for written confirmation of that explanation and for the date the system was corrected.
Consider attaching a short timeline of transmission attempts to each follow‑up letter so the insurer can see your documented efforts at a glance.

Where to get help in Kansas

For unresolved disputes you can contact the Kansas Insurance Department for complaint assistance and enforcement information: https://insurance.kansas.gov/consumers/file-a-complaint/. For case‑specific questions about litigation or coverage, consult a licensed Kansas attorney.

Final note: The steps above protect your client’s interests and create evidence that you notified the insurer. Document thoroughly and act promptly to avoid prejudice to a client’s claim or to the right to coverage.