Detailed Answer

If an insurer tells you it never received your letter of representation, act quickly and methodically. Your goal is to (1) re-establish notice, (2) create proof that the insurer received your communications, (3) preserve your client’s rights and deadlines, and (4) document any insurer delays or failures for possible later action. The steps below explain what to do under Louisiana law and give practical ways to prove you notified the insurer.

Step-by-step checklist to follow immediately

1. Resend the letter using verifiable methods.
   • Send a new written letter of representation by certified mail, return receipt requested (USPS Certified Mail). Keep the tracking number and the returned receipt when it arrives.
   • Also send the same letter by email (to the insurer’s claims email and to the claims adjuster) and request an automatic read receipt. Save the sent message and any delivery/read notifications.
   • Send a fax to the insurer’s claims fax number and save the fax transmission confirmation (TSI report) showing date/time and recipient fax number.
2. Include everything the insurer needs to link the notice to the claim.
   • On the letter, clearly state the insured’s name, the claim number, date of loss, the name of your client, an explicit statement that you represent the client, and your contact details.
   • Attach a copy of your retainer or signed fee agreement (if appropriate) or include a statement that your office represents the claimant and that the claimant has authorized you to communicate with the insurer on their behalf.
3. Create a contemporaneous file note and proof of delivery.
   • When you send each item, make a dated entry in your file describing how it was sent and the tracking number or transmission confirmation.
   • If the insurer replies, save every communication (emails, voicemail recordings, letters). If you get nothing, document that too.
4. Request the insurer confirm receipt in writing.
   • Ask the claims handler to confirm receipt by return email within a short, specified period (for example, 5 business days).
5. If the matter is time-sensitive, protect your client’s rights.
   • Check the policy for any notice deadlines and check the applicable prescriptive period for filing suit. If a filing deadline is approaching, consider filing suit or taking other protective action while continuing to pursue notice and resolution with the insurer.
6. Request the complete claim file.
   • Send a written request for a copy of the insurer’s claim file and for a confirmation of when the file was opened and who was the assigned adjuster. In many disputes, the contents of the claim file will show whether the insurer had notice.
7. If the insurer keeps denying receipt, escalate.
   • If you have proof of sending (certified mail receipt, fax TSI, email headers), send a letter attaching that proof and demand the insurer correct its records and confirm receipt immediately.
   • Consider sending a hard-copy “demand for coverage/acknowledgment” if appropriate to put the insurer on formal notice of potential claim exposure.
8. Keep the Louisiana Department of Insurance (LDI) and other regulators in mind.
   • If you believe the insurer is intentionally avoiding or mishandling communications, you can file a consumer complaint with the Louisiana Department of Insurance: https://www.ldi.la.gov/

How to prove you sent and gave notice

Strong proof helps if the insurer claims it never received the letter. Use one or more of these methods and preserve the evidence:

• Certified mail with return receipt (signed green card)
• USPS tracking history showing delivery
• Fax transmission report (TSI) showing recipient number and timestamp
• Email with read receipt; preserve full email headers and the original sent message
• Commercial courier delivery confirmation (FedEx, UPS tracking and signature)
• Affidavit of service from a process server who personally delivered documents

Why prompt, documented notice matters in Louisiana

Insurers often use the timing and form of notice to determine rights under a policy and to decide whether coverage defenses (like late notice) apply. Reliable documentation reduces the insurer’s ability to claim prejudice from an alleged late notice. If the insurer is unreasonable or violates claims handling rules, these facts can support regulatory complaints and, in some cases, extra-contractual claims.

Relevant Louisiana law and where to read it

Insurance is governed primarily by Title 22 of the Louisiana Revised Statutes. Title 22 includes statutes on claims handling, unfair claims practices, and insurer duties. You can read the statutes and search Title 22 here: Louisiana Revised Statutes, Title 22 (Insurance).

If you want to report insurer misconduct or get consumer assistance, use the Louisiana Department of Insurance site: Louisiana Department of Insurance.

When to consider filing a complaint or taking legal action

• If the insurer refuses to acknowledge representation despite proof of delivery.
• If the insurer’s denial of receipt causes prejudice to your client (for example, missed deadlines, denied benefits, or late claim handling).
• If you suspect deliberate bad faith or unfair claim settlement practices.

In these situations, you can file a complaint with the LDI and consider asserting claims against the insurer in court. Preserve all evidence of your communications and the insurer’s responses.

Sample language to use when resending a letter of representation

“Please be advised that our office represents [Client Name] in connection with the claim identified as Claim No. [Claim Number] and the loss dated [Date of Loss]. Enclosed is our signed retainer and authority to communicate on behalf of the insured/claimant. Please confirm receipt of this notice in writing within five (5) business days. NOTE: If you contend you previously received notice from us, please provide the date, method of receipt, and the name of the person who received it.”

Helpful Hints

• Send notices by at least two different methods (e.g., certified mail + email/fax) to create overlapping proof.
• Keep photocopies and digital backups of everything you send and receipts you receive.
• Note every phone call and voicemail with date, time, who you spoke to, and what was said.
• Act early if policy deadlines or prescriptive periods are near—document protective steps you take for your client.
• If an insurer claims it didn’t receive a letter you did send, respond quickly with proof of send and escalate if necessary.
• Maintain a clear chain of custody for important documents (who sent what, when, and how).
• If you’re unsure whether a procedural step is required under the policy or law, consult a licensed Louisiana attorney promptly.

Bottom line

Do not accept an insurer’s statement that it never received a letter without immediately creating verifiable delivery evidence and escalating the issue if necessary. Re-send by certified mail and electronic methods, demand written confirmation, request the claim file, document everything, and involve regulators or file suit if the insurer’s conduct prejudices your client’s rights.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation under Louisiana law, consult a licensed Louisiana attorney.