How to Respond When an Insurer Says It Never Received Your Letter of Representation

Short answer: Reconfirm transmission, create and preserve proof of service, resend the notice using traceable methods, demand written acknowledgment, and escalate to the insurer’s supervisor or to the Mississippi Insurance Department if the carrier continues to treat your client as unrepresented. If litigation is pending, file and serve a formal notice of appearance with the court and serve the insurer under the Mississippi Rules of Civil Procedure.

Detailed Answer

Insurance carriers sometimes claim they never received a letter of representation. That can be an honest mailing error, a record-keeping problem at the insurer, or a disputed fact raised to delay or frustrate communication. The practical and legal goal is to establish clear, verifiable proof that the insurer received notice that an attorney represents the insured and then to prevent any prejudice to your client.

Step-by-step actions to take immediately

1. Confirm how you originally sent the letter.

   Check your file for the envelope, mailing receipt, fax confirmation page, or email delivery/read receipts. If you used electronic transmission, locate the timestamped outgoing email and any server delivery failure. If you cannot locate proof, assume you must re-send with provable delivery.

2. Resend the letter using multiple, traceable methods.

   Use at least two of these: certified mail with return receipt (USPS Certified Mail Return Receipt Requested), next‑day tracked courier (UPS/FedEx with signature required), confirmed fax (with a dated transmission confirmation), and an email to the insurer’s accepted claims or counsel address with read‑receipt and a copy to the insurer’s general counsel or claim supervisor. Include the claim number, insured’s name, a clear statement that you represent the insured, and request immediate written acknowledgment of receipt.

3. Include a clear deadline and request written acknowledgment.

   Ask the recipient to confirm receipt in writing (email is fine) within a short, reasonable time frame (for example, seven calendar days). Keep your deadline reasonable but short so delays are obvious and documented.

4. Serve the insurer directly if litigation is already pending.

   When a suit is filed, file your Notice of Appearance or Certificate of Service with the court and serve the insurer and its counsel according to the Mississippi Rules of Civil Procedure. See the Mississippi court rules for service and filing procedures: Mississippi Court Rules. Creating a court record removes doubt about representation for litigation purposes.

5. Document every follow-up.

   Keep time-stamped notes of phone calls (date, time, person, position, summary), copies of all transmissions, and any acknowledgments. If you speak by phone, follow up with a short confirming email describing the conversation and asking the recipient to correct any inaccuracies.

6. Notify your client and protect client deadlines.

   Tell your insured what happened and what you are doing to fix it. If a claim or coverage deadline approaches, make a written demand on the insurer that it preserve the insured’s rights and refrain from taking adverse action while the dispute about receipt is resolved.

When the carrier continues to deny receipt or refuses to recognize representation

• Escalate to a claim supervisor or the insurer’s legal department and request written confirmation of the insurer’s position.
• Send a formal courtesy copy to the insured and ask the insured to confirm the insurer’s receipt as well.
• File a consumer complaint with the Mississippi Insurance Department if the insurer ignores your attempts: Mississippi Insurance Department — File a Complaint. The Department handles complaints about claim handling and can investigate systemic problems.
• If litigation is pending and the insurer’s behavior prejudices your client, consider asking the court for relief (for example, an order declaring counsel’s appearance or sanctions for failure to accept proof of representation). Refer to the court’s procedural rules here: Mississippi Court Rules.

What to include in a secure, easily verifiable representation letter

• Full name of the insured and the insurer’s claim number.
• A clear statement that you represent the insured and the scope of representation (coverage, defense, claims handling, settlement authority, etc.).
• Contact details for your office (phone, email, mailing address, fax if used).
• A request that all future communications go to counsel (include preferred methods).
• A request for immediate written acknowledgment and a short deadline for that acknowledgment.
• A copy of your firm’s retainer agreement or engagement letter if helpful to show representation.

How to prove receipt

Priority is proof that the insurer actually received notice. The most reliable proofs are:

• Return receipt signed through USPS Certified Mail or a courier’s signed delivery record.
• Fax transmission confirmation that shows the recipient fax number and a timestamp (keep the confirmation page).
• An emailed delivery receipt or automatic server confirmation combined with a recipient’s reply.
• A signed acknowledgement letter from the insurer, supervisor, or the insurer’s attorney.
• Certified process server affidavit or court-stamped filing that demonstrates service in litigation.

Practical tips and Helpful Hints

• Send representation notices by two methods (for example, email and certified mail) to increase the chance one will be logged by the insurer.
• Always include the claim number and insured’s policy number on every communication.
• Keep physical and electronic copies of everything and back them up; keep originals for at least the statute-of-limitations period plus a reasonable buffer.
• Ask the insurer to confirm any coverage‑related deadlines in writing so you can protect the client’s rights while the receipt dispute is resolved.
• If the insurer claims it never received representation but continues to communicate directly with your client, insist in writing that it stop and route communications to counsel immediately.
• If you will likely need regulatory involvement, file a complaint with the Mississippi Insurance Department: MID complaint page.
• If you’re litigating, file your appearance and certificate of service with the court and serve opposing counsel and the insurer directly to create a clear public record.

When you should consider further legal action

If the insurer’s denial of receipt causes concrete prejudice — missed deadlines, refused coverage, improper settlement communications, or other harm — you should evaluate whether the insurer’s conduct supports a claim for bad faith or other relief under Mississippi law. Those are fact-driven inquiries. Preserve evidence and consult with counsel experienced in Mississippi insurance litigation and regulatory practice.

Where to get additional help

For regulatory help and to file complaints: Mississippi Insurance Department — https://www.mid.ms.gov/.

For procedural questions about court filings and service: Mississippi court rules — https://courts.ms.gov/research/rules/index.php.

Disclaimer

This information is educational and general in nature. It does not constitute legal advice, create an attorney–client relationship, or substitute for advice about your specific situation. If you need legal advice about a particular matter, consider consulting a licensed attorney in Mississippi.