What to do when an insurer says it never received your letter of representation (Missouri)

Short answer: Confirm how and to whom you sent the letter, immediately re-serve the insurer using documented delivery (certified mail with return receipt or a courier that requires a signature), send the letter to the claims adjuster by email and request a written acknowledgment, preserve all proof of transmission, and, if there is a pending suit or an adverse coverage decision, file any necessary court notices and consult an attorney. If the insurer refuses to acknowledge receipt or acts prejudicially, consider filing a complaint with the Missouri Department of Commerce & Insurance and discussing potential remedies with counsel.

Detailed answer — step-by-step under Missouri law and practice

This situation commonly arises in two contexts: (1) a claimant’s lawyer sends a letter of representation (sometimes called a demand letter or notice of representation) to a third‑party insurer, and (2) an insured’s lawyer notifies the insured’s own carrier. The practical steps are the same in either situation. Missouri has an insurance code (Chapter 375) and court rules governing notice, service, and court filings. For broad reference to Missouri’s insurance statutes, see the Missouri Revisor of Statutes: Mo. Rev. Stat. Chapter 375 (Insurance). For general court rules and filing procedures, see the Missouri Courts website: courts.mo.gov. For consumer help, see the Missouri Department of Commerce & Insurance: insurance.mo.gov.

1. Immediately verify what was sent and where

• Check the copy of the original letter: confirm the date, the correct insurer name, the correct claims address, the correct claim file number, and the intended recipient (adjuster or department).
• Check your mail logs, e‑mail “sent” box, fax confirmation page, or courier tracking number for proof of transmission.

2. Re‑send in a way that creates indisputable proof of delivery

• Send the same letter again by certified U.S. Mail, return receipt requested (PS Form 3811). Keep the receipt and the signed return receipt when it comes back.
• Also send the letter by a commercial overnight carrier (FedEx/UPS) that provides a signed delivery record and tracking number.
• Send a copy by e‑mail to the claims adjuster and to the insurer’s listed claims address. Use read‑receipt or delivery confirmation and ask for written acknowledgement.
• If you previously mailed the letter via regular mail, explain in your cover e‑mail that you are re‑sending by tracked methods because the insurer reports nonreceipt.

3. Create contemporaneous records

• Save screenshots of tracking pages and e‑mail headers showing timestamp and recipients.
• Log all phone calls: date, time, person spoken to, and summary of what was said. If you call an adjuster, follow up by e‑mail summarizing the conversation and asking for confirmation.
• Keep photocopies of everything you sent. If you later need to show the court that you attempted to notify the insurer, this documentation is essential.

4. If a lawsuit has already been filed

• If a complaint is pending, file a certificate of service or otherwise file any required notices with the court showing how and when you served the insurer or opposing counsel. In many cases you should also file a Notice of Appearance or Motion to Substitute Counsel to make the court record clear.
• If the insurer claims it did not receive notice and seeks additional time to respond, provide the proof of re‑service and ask the court to set deadlines. If the insurer claims prejudice, you will need to preserve and present all records showing timely notice.

5. Ask the insurer for a written statement of its record search

• Request that the insurer confirm in writing whether its file contains the original letter and when the file was created or updated.
• This creates a record that the insurer either had the correspondence and failed to log it properly or that it truly did not receive it.

6. Consider regulator and contractual remedies if the insurer refuses to cooperate

• If the insurer refuses to acknowledge reasonable notice or denies coverage citing failure to notify, document the insurer’s conduct and consider contacting the Missouri Department of Commerce & Insurance to file a complaint: insurance.mo.gov.
• Consumer protection and unfair claim practices are governed by Missouri statutes and regulations in the insurance code. See Chapter 375 of the Missouri Revised Statutes for the insurance code: Mo. Rev. Stat. Chapter 375.
• If the insurer’s non‑receipt claim causes loss or prejudice (for example, denial of coverage or missed deadlines), preserve evidence and consult a Missouri lawyer promptly about possible estoppel or claim‑handling remedies under state law and case law.

7. When to involve counsel

• If the insurer refuses to accept properly documented notice and that refusal leads to a denial of coverage or procedural prejudice, consult an attorney. An attorney can advise whether to pursue injunctive relief, sanctions, or a bad‑faith claim based on the insurer’s conduct.
• If you are the claimant and the insurer’s denial leaves you without a source of recovery, you should discuss next steps with counsel immediately.

Practical checklist: what to include in your letter of representation

• Client name and contact information
• Claim number or claim file identifier (if known)
• Date and description of the underlying incident/loss
• Scope of representation (who you represent — injured party or insured)
• Clear request for acknowledgment and a request that the insurer direct all future communications to you
• Signature and printed name of the sending attorney

Sample short email to follow up (keep the record)

To: adjuster@insurer.com
Subject: Follow up — Letter of Representation for [Claim #]

Attached is a copy of our letter of representation dated [date]. We are sending this by certified mail and overnight courier today because your office informed us it did not receive the prior mailing. Please confirm receipt in writing.

Sincerely,
[Attorney Name]
  

Helpful Hints

• Always use a delivery method that creates a signed proof of receipt whenever you send important legal correspondence to an insurer.
• Send mail to both the claims address and the specific adjuster’s e‑mail to reduce the chance of internal misrouting.
• Keep copies of all documents in multiple forms (paper, scanned PDF, and original e‑mail headers).
• Act quickly. Delay can create tactical and legal problems, especially if statutes of limitations or court deadlines are approaching.
• If an insurer claims it lost your letter, do not assume bad faith immediately — but do preserve and document everything and seek counsel if prejudice results.
• Use the Missouri Department of Commerce & Insurance as a resource if internal appeals fail: insurance.mo.gov.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For guidance about your particular situation under Missouri law, consult a licensed attorney.