Detailed Answer — What to do under Delaware law

If an insurer tells you it never received your letter of representation, act quickly and deliberately. Communication failures are common, but they can create real risks: missed deadlines, incorrect direct contact with your client, and disputes about who is authorized to negotiate or obtain information. Below are practical, prioritized steps to protect your client, preserve evidence, and create a clear record of representation under Delaware insurance practice.

1. Confirm the original transmission and gather proof

Locate the original sending records right away. Useful proof includes:

• Certified mail or return receipt (USPS PS Form 3811)
• Courier tracking and delivery confirmation (FedEx, UPS)
• Fax transmission confirmation report with date/time and recipient number
• Sent email with delivery/read receipts and the full sent message headers
• Copies of the letter and any attachments, with file-stamped dates in your file management system

2. Re-send the letter immediately using multiple reliable channels

Don’t rely on a single method. Resend the notice of representation by:

• Certified mail, return receipt requested
• Commercial overnight carrier with signature confirmation
• Secure email to the insurer’s claims inbox, copying the claims adjuster and supervisor; request a delivery/read receipt
• Fax (if the insurer uses fax) and keep the transmission report

Address the letter to the claims adjuster and to the insurer’s designated claims or legal department address as listed on the insurer’s website or in the policy. Include the claim number, policy number, client full name, scope of representation, and your contact information.

3. Request an express written acknowledgment

In your resending cover message, ask the insurer to confirm in writing (email or letter) that it received the notice of representation and will direct all future communications to counsel. Give a reasonable short deadline (for example, 5 business days) for that acknowledgment.

4. Preserve contemporaneous notes and a communication log

Keep a detailed log of all contacts: dates, times, names and titles of persons spoken to, the method of contact, and a short summary of what was discussed. If a claim handler says they never received the letter, record who said that and when. These notes can be crucial if later disputes arise.

5. Provide any needed authorizations and confirmations

Sometimes insurers request signed authorizations to release medical or other protected records to counsel. Send a signed client authorization (HIPAA-compliant medical authorization if applicable) and a copy of the retainer agreement or engagement letter to remove any doubt about the representation.

6. Escalate within the insurer and set deadlines

If the adjuster or front-line contact won’t acknowledge receipt, escalate to a supervisor or the insurer’s in-house counsel. State that you will treat continued unresponsiveness as prejudicial to your client and set a clear deadline for receipt or further steps you will take.

7. Consider notifying the Delaware Department of Insurance

If the insurer refuses to accept or acknowledge a reasonable notice of representation and that refusal interferes with claims handling or statutory duties, you can file a consumer complaint or request guidance from the Delaware Department of Insurance. The Department oversees insurance practices in the state and accepts complaints at its consumer page: https://insurance.delaware.gov/consumer/. For the Delaware insurance code, see Title 18 of the Delaware Code: https://delcode.delaware.gov/title18/.

8. Protect deadlines and client interests

Do not assume the insurer’s failure to receive the letter excuses statutory or policy deadlines (for example, suit limitations or notice provisions). If you need additional time to investigate, ask the insurer in writing for a tolling or non-waiver agreement. If the insurer refuses, preserve the right to sue and consider filing suit or taking other protective steps to avoid prejudice to your client.

9. If the dispute continues, consider litigation steps

If the insurer’s denial of receipt produces concrete prejudice (e.g., missed settlement opportunities or loss of rights), you may consider claiming a tort or contract remedy like bad faith or breach of the duty to investigate where Delaware law permits. Bad-faith and claim handling in Delaware are governed by statute and common law under Title 18 and court decisions; consult litigation counsel about next steps. See Delaware insurance law resources: https://delcode.delaware.gov/title18/.

10. Keep your client informed and get signed authorizations

Tell your client every step you take and ask them to avoid direct contact with the insurer after you have notified the company of representation. If the insurer continues to contact the client directly, document it and provide those communications to the insurer. Obtain and file any signed authorizations you need to collect medical records, wage records, or other evidence.

Quick checklist summary:

• Find and secure proof of original transmittal
• Resend via certified mail + overnight courier + secure email
• Request written acknowledgment with a deadline
• Provide authorizations and retainer copy
• Log all communications and escalate if needed
• Consider Department of Insurance complaint if insurer’s conduct is problematic
• Protect your client’s deadlines (tolling/non-waiver requests)

This approach creates a strong record that you took reasonable steps to notify the insurer and to protect your client’s rights.

Helpful Hints

• Send a one-page cover summarizing the attachments: client name, claim/policy number, date of loss, and scope of representation.
• Include your Delaware bar number or firm identification on the letterhead. That helps claims administrators verify representation quickly.
• Use certified mail with return receipt as your baseline. Add overnight courier where timing matters.
• When emailing, copy both the adjuster and a supervisor or the insurer’s general claims inbox to create redundancy.
• Request a written acknowledgment, not just a verbal one. A short email confirmation suffices as long as it identifies the claim and confirms future communications should go to counsel.
• Keep originals of signed client authorizations in your file and send a copy with the notice.
• If the insurer claims it didn’t get the notice, ask exactly which address or person they expect the notice to go to. Then send a corrective notice to that person/address and save the response.
• If the insurer continues to contact your client directly after notice, document each contact and the client’s response. That documentation helps if you later allege improper contact or prejudice.
• If you suspect the insurer is acting unfairly, review Title 18 of the Delaware Code and contact the Delaware Department of Insurance for consumer guidance: https://insurance.delaware.gov/consumer/ and the Delaware code index: https://delcode.delaware.gov/title18/.