Overview
If an insurance company tells you it never received your letter of representation, act quickly and methodically. The insurer’s claim may be a simple mailing error, an administrative mistake, or a sign of a bigger coverage or communication problem. The steps below explain how to prove you gave notice of representation, protect your client’s claims and deadlines, and escalate the matter under South Carolina law if the insurer still refuses to acknowledge your representation.
Detailed Answer
Follow these carefully ordered steps. They help create proof of delivery and reduce the chance an insurer can rely on a “we never received it” response to avoid communicating with, or resolving claims from, your client.
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Confirm the original letter’s content and recipient details.
Make sure the original letter of representation included: the client’s full name; the claim number or policy number; the insured person’s name (if different); your full contact details; a clear statement that you represent the claimant; and, if applicable, an executed retainer and a signed authorization allowing the insurer to communicate with you or release claim information.
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Create and preserve proof of service for the original and any resend.
Resend the letter immediately by methods that create reliable proof: certified mail with return receipt (USPS Return Receipt/PS Form 3811), a commercial carrier with tracking and signature confirmation (FedEx/UPS proof of delivery), or hand delivery with a signed acknowledgment. Also send the letter by email (if the insurer accepts email) and by fax (if the insurer publishes a fax number), saving delivery receipts, transmission confirmations and any read-receipts.
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Include a short cover note and ask for written acknowledgment.
When you resend, attach a one-paragraph cover note that: identifies the claim number and earlier mailing date; requests written acknowledgment of counsel representation within a short deadline (for example, seven business days); and notes that you are preserving all rights and deadlines for your client. Keep the tone professional and factual.
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Keep meticulous records of every attempt to notify the insurer.
Log dates, times, name of the person you spoke to, what they said, tracking numbers, copies of mailed documents and screenshots of email delivery/read receipts. If you call, follow up the call with a short email summarizing the conversation so you have a contemporaneous written record.
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Provide any signed releases or authorizations the insurer requests.
Insurers sometimes say they never received a representation letter because they need a signed authorization to discuss medical or claim details. Send a signed HIPAA-compliant medical authorization and an authorization for the insurer to talk to counsel (if necessary). Send these by a method that generates proof of delivery.
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If the insurer continues to deny receipt, send an affidavit of mailing/attempted delivery.
Attach copies of certified mail receipts, carrier tracking records, or a notarized affidavit describing your good-faith mailing process. This creates formal proof you attempted or completed delivery.
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Demand that the insurer stop communicating directly with the represented party.
Once the insurer admits or you can prove representation, require in writing that all future claim communications go to counsel. If the insurer persists in communicating with the insured directly, that may violate applicable rules or create grounds for further action.
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Escalate to the South Carolina Department of Insurance if the insurer refuses to cooperate.
If an insurer ignores solid proof of representation or otherwise engages in unfair claim practices, you can file a consumer complaint with the South Carolina Department of Insurance. The Department handles complaints about insurer delays, denial of claims and possible unfair settlement practices. See the Department’s consumer information and complaint portal at the South Carolina Department of Insurance: https://doi.sc.gov/
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Preserve your client’s deadlines and consider litigation if necessary.
Do not let the insurer’s denial of receipt cause missed deadlines for filing suit or pursuing statutory notices. If the insurer’s position causes prejudice to your client or if the insurer acts in bad faith, consider filing a declaratory judgment action or other appropriate legal action in South Carolina courts. Be mindful of applicable statutes of limitation and any policy notice requirements in the relevant South Carolina statutes and case law—review Title 15 (Civil Remedies) and Title 38 (Insurance) of the South Carolina Code for timing and procedural rules: https://www.scstatehouse.gov/code/title15.php and https://www.scstatehouse.gov/code/title38.php
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Consult an attorney experienced in South Carolina insurance practice if you’re not the lawyer on the file.
If you are the claimant’s counsel, consider involving co-counsel experienced in insurance litigation or bad faith litigation to evaluate remedies and next steps. If you are the insured or claimant and not yet represented, find a South Carolina attorney promptly.
Relevant South Carolina Law and Resources
- South Carolina Code—Title 38 (Insurance): https://www.scstatehouse.gov/code/title38.php
- South Carolina Code—Title 15 (Civil Remedies and Limitations): https://www.scstatehouse.gov/code/title15.php
- South Carolina Department of Insurance—Consumer Resources and Complaint Filing: https://doi.sc.gov/
Note: Specific remedies and procedural steps can depend on the type of claim (auto, homeowners, UIM, commercial), the contract language in the insurance policy, and the particular facts of the matter. The links above take you to the official South Carolina government resources for statutes and regulatory guidance.
Helpful Hints
- Always send the original representation letter and any authorizations by certified mail with return receipt and by email. Two delivery channels reduce disputes about receipt.
- Number or date-stamp each page of documents you send so you can prove which version you mailed.
- When you call an insurer, get the employee’s name and employee ID, and immediately confirm the call in an email to that employee.
- Keep all receipts, tracking numbers, fax confirmations and read receipts in a single folder (physical and electronic) for easy retrieval.
- Ask the insurer for the name of the file adjuster and the address/email where it prefers counsel correspondence—document that preference.
- If the issue is urgent (pending statute of limitations, upcoming depositions, demolition or repairs), request immediate short-term relief in writing and consider filing a motion in court to protect the client’s interests.
- Filing a complaint with the South Carolina Department of Insurance is free to consumers and can push slow or uncooperative insurers to act.
Sample short cover phrase to include when resending
“This letter restates that I represent [client name] regarding claim number [#]. I previously mailed a letter of representation on [date]. Please confirm by return email or written notice that you accept counsel on file and that all future claim communications will be directed to counsel. Please acknowledge within seven business days.”
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation under South Carolina law, consult a licensed South Carolina attorney.