What to do when an insurance company claims it never received notice that you are represented

Disclaimer: This article is educational only and is not legal advice. Consult a licensed Texas attorney about your facts before taking action.

Detailed answer

If an insurer tells you it never received your lawyer’s letter of representation, act quickly and deliberately. Failure to preserve proof that the insurer knew you had counsel can let the insurer continue to communicate with your client, miss important deadlines, or create hurdles to recovery. Below are practical, legally informed steps to protect your client’s rights under Texas law.

1. Confirm you actually sent the letter and how

• Locate the original letter, delivery method, and any proof of mailing (certified mail receipt, return receipt, courier tracking, fax confirmation, email delivery/read receipts).
• Check that you addressed the letter to the correct party — the insurer’s designated claims address, the adjuster handling the claim, and any known coverage counsel. Insurance policies often list the insurer’s notice address; if you used a different address, the insurer may argue improper notice.

2. Immediately re-send the letter using multiple, verifiable channels

• Send the letter again by certified mail with return receipt requested and by overnight courier that records delivery scans. Consider ‘restricted delivery’ so only the named recipient may sign.
• Email the same letter to the adjuster and to the insurer’s claim/legal mailbox. Save server timestamps and read receipts where available.
• Fax can be used if you obtain a transmission confirmation report.
• In your cover letter state clearly that you previously sent a letter on [insert original date], describe the prior delivery method, attach a copy of the prior letter, and request written acknowledgment of receipt within a short deadline (e.g., 7 days).

3. Create a documented paper trail

• Scan and save every cover letter, certified mail receipt, courier tracking pages, email headers, and read/receipt notifications.
• Log phone calls: date, time, person spoken to, what was said. Follow up important phone calls with an email confirming the conversation and asking for written confirmation.

4. Demand that the insurer direct all communications to counsel

Include a clear instruction that the insurer must stop communicating directly with the insured/claimant and must send all claim-related communications to counsel. If the insurer persists in communicating with your client after clear, documented notice, the insurer may be engaging in unfair practices.

5. Preserve your client’s claims and limitation periods

Do not rely on informal promises. If a statute of limitations or policy deadline is nearing, consider a tolling agreement or filing suit to protect the claim until the dispute about notice is resolved.

Under Texas law, many contract claims are subject to a four-year limitations period (see Tex. Civ. Prac. & Rem. Code § 16.004). For first-party property breach-of-contract claims, policy deadlines and civil limitations can be critical, so preserve rights promptly: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.004

6. Consider regulatory or statutory remedies if the insurer’s conduct is problematic

If the insurer’s refusal to acknowledge representation leads to unfair handling or other bad practices, you may have statutory claims under Texas Insurance Code provisions prohibiting unfair or deceptive acts by insurers. See Texas Insurance Code § 541.151 (prohibited practices) and Chapter 542 (prompt payment of claims) for statutory duties and potential remedies: https://statutes.capitol.texas.gov/Docs/IN/htm/IN.541.htm#541.151 and https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm

You can also file a consumer complaint with the Texas Department of Insurance if the insurer’s conduct appears to violate insurance regulations: https://www.tdi.texas.gov/consumer/complfrm.html

7. If the insurer asserts it never received the letter but continues to act as though it did (or continues to deal with the insured), document and evaluate next steps

• If the insurer keeps communicating with your client despite written notice, preserve evidence and consider filing a motion or complaint in court to enforce protections for counsel-client representation.
• If the insurer has ignored coverage or investigation duties and that conduct caused damages (delay, denial, or mishandling), you may have claims under Chapter 541 or Chapter 542 of the Texas Insurance Code; evaluate statutory remedies with counsel.

Helpful hints

• Always use at least two verifiable methods of delivery for important notices (e.g., certified mail + email + overnight courier).
• When mailing, use the insurer’s claims address in the policy or its official correspondence; policies often specify where notices must be sent.
• Stamp every mailed packet with the date and keep copies of everything sent.
• Require return receipt or restricted delivery for certified mail when you need confirmation that a specific person or department received the letter.
• Ask the insurer for written acknowledgment of representation within a short, reasonable deadline and state that further direct contact with the client will be improper.
• If an important deadline (limitations or suit-notice deadline) is approaching, file suit or obtain a tolling agreement rather than relying solely on correspondence.
• Keep the client informed and get signed authorization to receive claim information; that written authorization strengthens your request that the insurer communicate only with counsel.

When to call a Texas-licensed attorney

If the insurer refuses to acknowledge representation, continues to contact your client, or handling of the claim worsens because of the notice dispute, consult a Texas-licensed attorney immediately. A lawyer can prepare enforceable demand letters, negotiate tolling agreements, file suit to protect deadlines, or pursue statutory remedies under the Texas Insurance Code.