FastCounsel

When an insurer says it never received your letter confirming that an attorney represents an insured or claimant, your immediate goal is to create clear, provable evidence that notice was sent and to limit any prejudice to the person you represent. Below are practical, step‑by‑step actions to take under Maryland practice to protect your client and preserve remedies.

1. Stop and verify what you already sent

• Locate the original draft and proof of transmission (email “Sent” folder, mail tracking number, fax confirmation, e‑service receipt, or claims portal upload receipt).
• Confirm the recipient details: correct insurer name, adjuster name, claim number, file number, mailing address, fax number, and claims email address.
• Save all supporting metadata (timestamps, server headers, delivery receipts, read receipts, and screenshots).

2. Resend immediately — use multiple, traceable channels

Do not rely on a single method. Resend the same letter and include the original sending date. Use at least two of the following:

• Certified mail with return receipt (USPS Certified Mail, return receipt requested).
• Commercial courier with tracking and signature confirmation (e.g., UPS, FedEx).
• Email to the adjuster and the insurer’s official claims email — keep the message concise and request a read/receipt.
• Fax and save the fax transmission confirmation (many insurers still accept or require faxed notices).
• Upload to the insurer’s secure claim portal if available, and download any portal confirmation or time stamp.

Include the following in the cover note: claim number, insured’s name, policy number, date you first sent the letter, and a request for written acknowledgment of receipt within a short deadline (e.g., 5 business days).

3. Create a clear contemporaneous record

• Maintain a timeline listing all attempts to notify the insurer and all responses (or lack of them).
• Make copies of every transmission, delivery receipt, and any returned mail or bounce notices.
• Keep notes of phone calls with date, time, name of the person you spoke with, and what was said.

4. Send a short, formal follow‑up letter asking for acknowledgment and directing future communications

Tell the insurer you represent the insured/claimant, cite the claim/policy numbers, and ask them to direct all future claim‑related communications to your office. Ask for written confirmation of receipt and a contact name for the claim file. State that you will treat lack of acknowledgment as a refusal to accept representation and that you will take further steps to protect your client’s rights.

5. Protect time‑sensitive rights

If there are pending deadlines (statute of limitations, short notice periods, or scheduled hearings), act immediately to preserve them. File a tolling agreement, emergency motion in a pending case, or other protective pleadings if litigation is already filed. If you are unsure, act conservatively and preserve the right to sue until receipt is confirmed.

6. Escalate within the insurer

• If you keep getting “we never received it,” escalate to the adjuster’s supervisor or the insurer’s claims manager and demand an acknowledgement.
• Copy the insurer’s designated claim office or general counsel if appropriate.

7. File a complaint with the Maryland Insurance Administration (MIA) if the insurer refuses to cooperate

The Maryland Insurance Administration handles consumer complaints about claims handling and unfair practices. If an insurer ignores proof of representation or continues to communicate improperly with the insured, you can submit a complaint and attach your delivery proofs and timeline. See the MIA consumer complaint page: https://insurance.maryland.gov/consumer/Pages/complain.aspx.

8. If litigation is or will be pending, use court filings to make representation official

If a lawsuit is already filed, file a formal appearance or substitution of counsel in the court and serve the insurer and insurer’s counsel with the filing. The Maryland Judiciary website has resources about court filings and self‑help information: https://mdcourts.gov/legalhelp. Service under court rules creates additional proof that counsel represents the party.

9. Consider professional remedies and sanctions (if appropriate)

If the insurer acts despite clear proof of representation (for example, it continues to communicate with the insured in a way that prejudices the insured or refuses to evaluate the claim), you may have procedural or statutory remedies available during litigation or through regulatory complaint channels. Document the insurer’s conduct carefully to support any future request for relief.

10. Communicate with your client

• Tell your client exactly what you sent, when you sent it, and what you are doing now.
• Advise them to refrain from substantive direct communications with the insurer while you attempt to confirm representation.

These steps create a clear, provable record that you attempted to notify the insurer, reduce the risk that the insurer can claim prejudice from late notice, and give you administrative and court remedies if the insurer refuses to accept the representation.

Helpful Hints

• Always include the claim number and policy number on your letter and every cover communication.
• Send the first notice by an instantaneous method (email) and a traceable hard copy (certified mail or courier) the same day.
• Keep a single master chronology that lists every contact, with dates, times, persons, and method of contact.
• Ask for an agent/adjuster’s direct email and confirm it by a short test email before sending substantive documents.
• For high‑stakes or time‑sensitive matters, send a short confirmation by certified mail and a copy by overnight courier the same day.
• Where possible, include a short confirmation clause in your letter: request written confirmation within a fixed short period (e.g., 5–7 business days).
• If the insurer claims nonreceipt repeatedly, escalate in writing to supervisory staff and preserve all responses for any regulatory complaint or litigation.
• Use the Maryland Insurance Administration (MIA) complaint portal if you suspect willful mishandling: MIA Complaint Page.
• If litigation is pending, file a notice of appearance with the court and serve the insurer and defense counsel to create a public, court‑filed record of representation.