Detailed answer — step‑by‑step under Tennessee law and practical steps

This is general information, not legal advice. The rules below explain what to do if the insurance company claims it never received your attorney’s letter of representation (also called a notice of representation or notice of counsel). Tennessee consumers and lawyers routinely face this issue; acting quickly and keeping careful records protects your rights and creates evidence that the insurer had actual or constructive notice of your attorney.

1) Confirm the basics immediately

• Check the claim number, adjuster name, mailing address, fax number and email address the insurer has on file.
• Make sure the letter you sent included: your name, claim number, date you retained the attorney, the attorney’s full contact details, a clear statement that the attorney represents you for this claim, and a signed retainer/engagement or an attached authorization if applicable.

2) Locate and preserve proof of your first mailing

Gather every piece of evidence showing you sent notice: certified mail receipt, tracking number, delivery confirmation, courier tracking, fax transmission report, email sent folder, and any read/received receipts. If you used regular U.S. mail and have no receipt, note the date and circumstances and start rebuilding the proof log immediately.

3) Re‑send the notice using verifiable methods

Resend the letter using at least two methods so that you have contemporaneous records of delivery:

• Certified mail with return receipt (USPS) or registered mail.
• Express courier with signature required (FedEx, UPS).
• Email to the adjuster’s official claims address and to the insurer’s designated legal mailbox (if one exists). Keep the sent email and any delivery/read confirmations. Put “Notice of Representation” in the subject line.
• Fax with confirmation report (if the insurer still accepts faxes) and save the fax header/confirmation.

4) Demand a written acknowledgment and set a clear short deadline

In your resending letter, ask the insurer to confirm in writing within a specific short period (for example, 7–10 days) that it has received the notice and that all future communications will go to counsel. Keep the deadline firm and state that you will take further action if the insurer continues to communicate with the insured directly or refuses to acknowledge counsel.

5) Document every contact thereafter

Keep a contemporaneous log of every phone call, email, letter or other outreach from the insurer or its representatives. For calls, note the date, time, name of the caller, topic, and whether the insurer acknowledged receipt of the notice. Save voicemails and call records if possible.

6) If the insurer continues to deny receipt or bypass your attorney, escalate

• Send a final written demand: reiterate the retainer, the claim number, the dates you sent prior notices, and the method(s) used. Demand an immediate written acknowledgement and that the insurer stop direct contact with you.
• File a complaint with the Tennessee Department of Commerce & Insurance (consumer complaint process) if the insurer refuses to acknowledge representation or continues to contact you: https://www.tn.gov/commerce/insurance/consumer-resources/file-a-complaint.html
• Ask your attorney about filing a motion or lawsuit to enforce the prohibition on direct contact if the insurer’s communications are prejudicing your rights (for example, by trying to get you to make statements or accept an offer without your counsel present).

7) Preserve and consider evidence supporting a later claim

If the insurer’s failure to accept representation causes prejudice (missed deadlines, bad faith tactics, unauthorized settlements, or harassment), preserve your evidence. Your lawyer can evaluate whether you may have a statutory or common‑law claim against the insurer for unfair handling or bad faith.

8) Know where to get official help and what Tennessee resources exist

• File a consumer complaint with the Tennessee Department of Commerce & Insurance: https://www.tn.gov/commerce/insurance/consumer-resources/file-a-complaint.html
• Use the Tennessee legislature website to review the state insurance statutes (Title 56 of the Tennessee Code) or to research specific insurance law provisions: https://www.capitol.tn.gov/ (use the Tennessee Code viewer/search on that site).
• Contact a Tennessee lawyer experienced in insurance disputes if the matter is contested or time‑sensitive.

What happens if the insurer claims the letter was never received?

Even if the insurer claims nonreceipt, documented, contemporaneous evidence that you mailed or delivered a proper notice will strongly support that the insurer had constructive notice. Repeated denials by the insurer, especially when you have multiple forms of delivery confirmation, are red flags that may justify regulatory complaint or litigation. A lawyer will evaluate whether the insurer’s conduct rises to a violation of Tennessee insurance laws or unfair claims practices and advise next steps.

Timing and deadlines

Time limits under an insurance policy and state statutes can be strict. Do not assume a missed acknowledgement removes your obligations or rights. If any claim deadlines (policy notice deadlines, suit limitation periods, or other time bars) are approaching, get an attorney involved quickly so protective steps can be taken.

Helpful hints

• Always send the original notice by a method that creates a deliverable confirmation (certified mail or courier) and keep the tracking/receipt.
• Send a copy by email to any official claims email addresses and to the adjuster. Put “Notice of Representation” in the subject line and attach the signed retainer/engagement letter if appropriate.
• Include the claim number, insured’s name, date of loss, and attorney contact info on the very first line of the notice so the insurer can match the notice to the correct file quickly.
• Ask the insurer to confirm acceptance of the notice in writing and state a short deadline for that confirmation.
• Track all contacts in a single digital file (emails, PDF copies of mailed letters, screenshots of tracking). If you rely on a third‑party vendor to send notices, obtain their affidavits or receipts.
• If the insurer continues to contact you, refuse to provide substantive statements until your attorney is present and record dates and the substance of any improper outreach.
• When in doubt about deadlines or possible prejudice, consult an insurance‑experienced lawyer right away. A lawyer can send a clear legal demand and, if necessary, pursue regulatory or court remedies.