Letter C, more typical than Letter B, applies when the governing board takes no action and the claimant is told that the claim is deemed rejected by operation of law. Failure to send out a denial letter can extend certain statutes of limitation for filing lawsuits against the district. And in some cases, the clock on time limits will not start running again until the correct notice letter is sent. If the carrier tells you nothing within 45 days, contact Schools Legal Service by telephone at once. When a late claim is submitted, the law and court cases contain stumbling blocks for claimants and unwary districts alike.
Letter E rejects a late claim.
Be careful to distinguish Letter E from Letters F and G. Letter F gives notice of the governing board's action taken on an application to file a late claim. Be careful to distinguish Letter F from Letters E and G. Letter G returns an application for leave to file a late claim because the application itself was filed too late. Letter H is a routine notice that an application to file a late claim has been granted. Ask the carrier to give you a written acknowledgment within 15 days that the carrier will provide a defense. Tell the carrier the date on which you received the papers.