Detailed answer — step-by-step actions to take

When an insurer says it never received a letter of representation, act quickly and methodically. Below are practical, evidence-focused steps you can take in New York.

1. Stop and collect what you already have

   Locate your original files: the signed retainer or engagement agreement, the original letter of representation, any envelopes, the method you used to send the letter (mail, fax, email), and any proof of transmission (certified mail receipt, fax confirmation, email delivery/read receipts). If an assistant or mailroom handled delivery, ask them for a dated log or affidavit describing how the document was sent.

2. Resend the letter using verifiable methods

   Resend the letter immediately using at least two verifiable delivery methods—one physical and one electronic. Recommended methods:

   • Certified mail with return receipt (USPS Certified Mail) so you get a signed green card or electronic evidence of delivery. See USPS certified mail information: https://www.usps.com/business/mail-svs-certified.htm.
   • Commercial overnight courier (e.g., FedEx, UPS) with tracking and signature required.
   • Email to the insurer’s designated claims address and to the adjuster, with read receipt or delivery notification. Attach the letter as a PDF and state in the email that it is a formal notice of representation.
   • Fax, if the insurer still uses fax, with a fax transmission confirmation sheet showing date/time and pages transmitted.

   Include a cover email/letter stating the date the original letter was sent, why you represent the claimant, and attach the signed retainer and any signed HIPAA/authorization forms necessary for medical records release.

3. Document every contact

   Keep a detailed log of all communications: date, time, person you spoke with, their job title, what they said, and what you sent. If you call, follow up with an email summarizing the call and request written confirmation. This contemporaneous documentation helps establish notice if a later dispute arises.

4. Provide clear proof of representation

   Some insurers require specific paperwork before they will recognize counsel. Send a packet that includes:

   • A clearly labeled letter of representation on your letterhead.
   • The signed retainer or engagement agreement (redact sensitive payment details if you prefer).
   • A signed HIPAA authorization or medical records release if you expect the insurer to communicate about medical records (see federal HIPAA guidance: https://www.hhs.gov/hipaa/for-professionals/privacy/index.html).
   • Any identification or bar membership number you use to identify yourself as an attorney.

5. Ask for written confirmation of receipt

   Request that the insurer provide a written acknowledgement that it received your proof of representation and will direct all future communications to counsel. If they confirm by email, save that message and any headers showing the sender and timestamp.

6. If the insurer still denies receipt, escalate internally

   Ask to speak with or email the claims supervisor, claims manager, or legal department. Explain the steps you’ve taken and provide copies of your delivery proof. Ask the insurer to prepare a written statement that it has no record of the earlier mailing if that is their position—this helps document the insurer’s stance.

7. File a complaint with New York’s regulator if necessary

   If the insurer’s refusal or delay causes prejudice to the claimant (for example, missed deadlines, improper contact with your client, or refusal to cooperate with discovery), you can file a consumer complaint with the New York Department of Financial Services (DFS). The DFS handles insurer conduct and can investigate claims-handling practices. File here: https://www.dfs.ny.gov/consumers/file_complaint.

   Under New York Insurance Law, insurers must avoid unfair claim settlement practices. See N.Y. Ins. Law § 2601 (Unfair Claim Settlement Practices): https://www.nysenate.gov/legislation/laws/INS/2601. If the insurer’s conduct is unreasonable or systematically obstructive, DFS may take action.

8. Preserve evidence and consider litigation options

   If the insurer’s denial of receipt causes actual harm (for example, insurer communicated with your client directly after you gave notice, or missed a statutory deadline), you may have grounds for court action such as a declaratory judgment or a claim for bad faith/unfair claims practice. Discuss litigation options with counsel promptly so deadlines and preservation obligations are met.

9. When to involve another attorney or bar association resources

   If you encounter persistent obstruction, consider contacting a supervising attorney, an attorney experienced in insurance litigation, or your local bar association for guidance or referral. New York’s local bar associations often provide lawyer referral services and can suggest counsel experienced in insurer disputes.

Frequently used legal references and resources (New York)

• New York Insurance Law § 2601 (Unfair Claim Settlement Practices): https://www.nysenate.gov/legislation/laws/INS/2601
• New York Department of Financial Services — file a complaint: https://www.dfs.ny.gov/consumers/file_complaint
• HIPAA privacy rule (federal) for medical-record authorizations: https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
• USPS certified mail information: https://www.usps.com/business/mail-svs-certified.htm

Helpful hints

• Always send critical notices by a method that creates an independent, dated record (certified mail, courier, email with delivery/read receipts).
• When emailing, put a clear subject line such as: “Formal Notice of Representation: [Client Name] — [Claim #]” and attach the signed retainer and authorization forms.
• Include the claim number and adjuster name in every communication to reduce misrouting inside large insurers.
• Keep at least three copies of every document: working file, client copy, and a backup (digital preferred with timestamps).
• If the insurer continues to communicate with your client directly after notice, document each contact and save voicemails, texts, and emails. That conduct can be relevant to claims of interference or unfair practices.
• Act quickly. Administrative deadlines, statutes of limitations, and internal claim deadlines can be time sensitive.