Detailed answer

Short summary: If an insurer says it never received your attorney’s letter of representation, act promptly. Confirm how you sent it, gather and preserve proof of delivery, re-deliver using trackable methods, request written acknowledgment, document all contacts, and consider filing a complaint with the Pennsylvania Insurance Department or asking a court to recognize your notice if rights or deadlines are at risk. The steps below explain what to do and why under Pennsylvania practice.

Why this matters

Insurers and claimants rely on timely notice. A letter of representation tells the insurer who represents the claimant, where to send bills and communications, and may trigger duties on the insurer (for example, communications with counsel instead of the insured). If an insurer claims it never received that letter, important deadlines, coverage issues, and settlement negotiations can be affected. Acting quickly protects your client’s rights and preserves evidence.

What to do right now (step-by-step)

1. Confirm how and when you originally sent the letter.

   Find the original transmission records: certified-mail receipts, USPS tracking numbers, FedEx/UPS tracking, fax confirmation pages (with transmission time and recipient number), or sent-email headers and read/delivery receipts.

2. Gather and preserve all proof.

   Save images of envelopes, certified-mail green cards, tracking pages/screenshots, fax confirmations, the sent email (with full headers), and your file notes of any phone calls. Preserve logs and backup copies—these are evidence that you attempted delivery.

3. Resend immediately using multiple, trackable channels.

   Send the letter again by certified mail with return receipt requested (USPS Certified Mail), and by an overnight carrier with tracking. Also send the letter as an email attachment to the insurer’s claims email and to the adjuster and in-house counsel if you have their email addresses. Attach the same signed representation letter and include a brief cover stating the earlier mailing date and attaching copies of your prior mailing proof.

4. Request written acknowledgment.

   Ask the insurer in the cover email/letter to confirm receipt in writing (an email reply is sufficient). If the insurer refuses or ignores the request, document that refusal or lack of response and the dates you requested acknowledgment.

5. Send to the insurer’s corporate/legal addresses too.

   Some notices get lost in claim offices. Send copies to the insurer’s registered agent for service of process and to the corporate counsel address if available. Note the carrier and claims department names, claim number, adjuster, and any internal contact info in your cover memo.

6. Document phone calls and file notes.

   Call the claims handler and note who you spoke with, the date/time, and what was said. Immediately follow up with an email summarizing the call and asking the adjuster to confirm any commitments in writing.

7. Consider an affidavit of mailing.

   If you previously sent the letter by mail, prepare an affidavit of mailing (signed under penalty of perjury) describing when and where you mailed the letter and attach available proof. This affidavit can be useful if a court later needs to determine whether the insurer received notice.

8. Protect deadlines and statutory notice requirements.

   If any statute of limitations, policy notice deadlines, or settlement deadlines are running, take immediate steps (for example, file suit or send a formal reservation of rights/notice) to preserve your client’s claims. Send copies of any such notices to the insurer and note the delivery methods. If you are unsure whether a deadline is at risk, consult counsel immediately.

9. If the insurer persists in saying it never received the letter, consider filing a consumer complaint.

   File a complaint with the Pennsylvania Insurance Department if the insurer’s communications appear unreasonable or if the carrier refuses to acknowledge representation. The Department accepts complaints and can investigate unfair claim handling practices. File online: https://www.insurance.pa.gov/Pages/File-a-Complaint.aspx.

10. Talk with local counsel about enforcing notice or pursuing remedies.

    If the insurer’s denial of receipt causes prejudice (e.g., missed deadlines, wrongful claim handling, disclosure of privileged info), discuss court options. A trial court can permit evidence that notice was sent and, in some circumstances, can treat the insurer as having constructive notice. If the carrier’s conduct rises to bad faith or an unfair claims practice, counsel can advise about statutory or common-law remedies.

Relevant Pennsylvania resources and rules

• PA Insurance Department consumer page and complaint filing: https://www.insurance.pa.gov/Pages/File-a-Complaint.aspx
• PA Insurance Department general consumer information: https://www.insurance.pa.gov/Pages/Consumers.aspx
• Pennsylvania statutes and the General Assembly (searchable statute site): https://www.legis.state.pa.us/ (useful to look up the Unfair Insurance Practices Act and other insurer duties)

How evidence of delivery typically affects disputes

In Pennsylvania civil practice, documentation such as certified-mail receipts, tracking confirmation, email headers, and fax confirmation are admissible proof of transmission and receipt attempts. If the insurer received the letter but denies it, your documentation plus any acknowledgment (email reply, notes from a claims handler) can help a court conclude that the insurer had notice. If the insurer truly did not receive the letter, re-sending with tracking and getting written confirmation protects against later disputes.

When to involve the court

If the insurer’s denial of receipt prejudices your client (for example, causes missed policy notice deadlines or undermines privileged communications), counsel can consider motions to establish notice, sanctions, or other relief. Courts will examine what steps you took to notify the insurer, the reasonableness of the insurer’s claims handling, and whether the insurer acted in bad faith.

Helpful hints

• Always send an initial representation letter by at least two methods (email + certified mail) to maximize proof of delivery.
• Keep full email headers (not just the message) to prove transmission times and routing.
• When emailing, attach the representation letter as a searchable PDF named clearly (e.g., “Representation_Letter_[ClientLastName]_[Date].pdf”).
• Immediately follow up a phone call with an email summarizing the conversation and asking for acknowledgment.
• Use return-receipt (green card) for USPS certified mail and keep screenshots of carrier tracking pages until the claim resolves.
• If you expect litigation, prepare an affidavit of mailing contemporaneously to reduce future disputes about whether you sent notice.
• Tell your client exactly what you sent, when, and how — and keep the client informed about any insurer denials.
• If an insurer’s conduct seems unfair or part of a pattern, report it to the Pennsylvania Insurance Department: https://www.insurance.pa.gov/Pages/File-a-Complaint.aspx.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It explains common practical steps under Pennsylvania practice but does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Pennsylvania attorney.