Detailed Answer

If an insurer tells you it never received a lawyer’s letter of representation, act quickly. The goal is to create irrefutable proof that counsel notified the insurer, to protect the client’s rights and deadlines, and to force clear communication. Below are practical, step-by-step actions consistent with Virginia practice.

1. Immediately confirm what was sent and to whom

1. Check the original letter for the correct recipient name, claim number, policy number, and mailing/email/fax address. Insurers change adjusters and claims teams; sending to the wrong person often causes ‘‘non-receipt.’li>
2. Locate any delivery confirmations you already have: certified-mail receipt, courier tracking, fax transmission confirmation (the CSID/confirmation page), or an email delivery/read receipt.

2. Resend the letter using multiple methods and insist on written acknowledgement

Resend the letter the same day using at least two different delivery channels so the insurer cannot credibly claim non-receipt:

• Send a printed copy by overnight courier that requires a signature on delivery (e.g., UPS/FedEx) and keep the tracking and signature record.
• Send a mailed copy by USPS Certified Mail, Return Receipt Requested (keep the green return receipt or delivery record).
• Email a PDF of the letter to the adjuster and the insurer’s general claims or legal inbox. Use a delivery and read receipt if available; send from the attorney’s official email address and request a confirmation of receipt in the email body.
• Fax a copy if the insurer still accepts faxes; keep the transmission confirmation sheet with the date/time and pages transmitted.

In your cover email and courier cover note, clearly request: (a) written confirmation of receipt within a short deadline (e.g., 3 business days), and (b) that all future claim communications be directed to counsel. Keep a copy of every communication.

3. Document every follow-up and keep a contemporaneous log

Call the adjuster and the insurer’s claim intake line and document who you spoke with, the date/time, and what was said. Confirm by email summarizing any phone call and asking for written acknowledgement. Save all call logs, voicemail recordings (if ethically permitted), email headers, and screenshots of delivery confirmations.

4. Preserve client rights while you cure the notice problem

Do not assume that sending a letter alone preserves all deadlines. If a limitations period or a filing deadline is approaching, take protective steps immediately—file suit, serve process, or seek a tolling agreement if appropriate—rather than waiting for the insurer to admit receipt. In Virginia, many personal injury claims must be filed within two years; see Va. Code § 8.01-243 for the personal injury limitations period: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-243/.

5. If the insurer still denies receipt, consider regulatory and procedural remedies

• Remind the insurer (in writing) of its obligations to handle claims fairly. Virginia law prohibits certain unfair claim settlement practices; see Va. Code § 38.2-510: https://law.lis.virginia.gov/vacode/title38.2/chapter5/section38.2-510/. If the insurer’s conduct amounts to delay or misrepresentation about communications, that statute may be relevant to a regulator’s review.
• If the insurer refuses to cooperate, file a consumer complaint with the Virginia State Corporation Commission, Bureau of Insurance. The Bureau handles consumer complaints and can investigate claim-handling practices: https://scc.virginia.gov/pages/Bureau-of-Insurance.
• If litigation is already pending and the insurer claims it never received the representation letter, present your delivery proof to the court and move for appropriate relief (e.g., to bar communications with the insured or for sanctions) as allowed by the rules of civil procedure and local practice.

6. Practical drafting and content tips for the letter of representation

To reduce disputes about whether a letter was effective, include:

• Clear caption with the insured’s full name, claim number, and policy number.
• Statement that the attorney represents the insured, the date representation begins, and the scope (e.g., all communications about this claim).
• Contact details for counsel (phone, direct email, mailing address, fax if used).
• A request that all insurer communications, including coverage and reservation-of-rights letters, be sent directly to counsel.
• A deadline for acknowledgement of receipt (e.g., 3 business days) and a statement that counsel will take whatever protective steps are necessary if the insurer fails to acknowledge.

7. If the insurer continues to contact the insured directly

Explain to the insurer in writing that further communications to the insured violate the directive to communicate with counsel and may be improper. Request that the insurer immediately cease direct communications and confirm that it will do so in writing. If the insurer refuses, document each direct contact and consider raising the issue with the court or the Bureau of Insurance.

8. When to escalate to formal claims or litigation strategies

If the insurer’s denial of receipt has caused prejudice (for example, missed deadlines or a refusal to honor coverage), counsel should evaluate potential causes of action including breach of contract or bad-faith claim handling and consider regulatory complaints. Consult local procedures and case law to determine viability. For regulatory assistance or to lodge a consumer complaint, use the Bureau of Insurance link above.

Helpful Hints

• Always send the first letter by a method that creates a signature record (overnight courier or certified mail) and simultaneously by email so you have both physical and electronic proof.
• Keep originals and scanned copies of receipts, tracking pages, fax confirmations, and email headers. Email headers provide metadata (sent/received dates/times and servers) that courts accept as evidence of transmission.
• When emailing, put the request for acknowledgement in the subject line (e.g., “Representation Notice — Please Acknowledge Receipt”).
• If you rely on an adjuster’s direct email, copy a general legal/claims inbox for the insurer to ensure corporate receipt.
• Build a short follow-up checklist into your file: Day 0 (send), Day 1 (call), Day 3 (resend if no ack), Day 7 (escalate internally), Day 10 (consider regulatory complaint or protective suit if deadlines loom).
• When deadlines are near, do not rely on correspondence alone to preserve the client’s rights—file or take protective procedural steps.
• Keep the client informed about steps you took to notify the insurer and why you took protective actions (filing suit, tolling agreement, etc.).

Disclaimer: This article explains general principles under Virginia law and practical steps commonly used by attorneys. It is not legal advice, does not create an attorney-client relationship, and may not apply to every situation. Consult a licensed Virginia attorney about your specific facts before taking action.