Detailed Answer
When an insurance company says it has no record of your attorney’s letter of representation, act quickly and methodically to protect the client’s rights and to create an indisputable paper trail. The following steps reflect common Washington practice and the consumer protections enforced by the Washington State Office of the Insurance Commissioner (OIC). This is not legal advice.
1. Confirm how the original notice was sent and collect proof
Ask your attorney to check how the original representation letter was transmitted (mail, certified mail, courier, email, fax). Gather any delivery evidence: certified-mail return receipt (PS Form 3811), courier tracking history, fax transmission confirmation, email sent receipts, or the attorney’s file note. If the initial transmission produced no delivery proof, treat the insurer’s statement as a prompt to re-notify.
2. Re-send the notice using multiple documented methods
Send a new, concise notice of representation immediately and use at least two methods simultaneously: certified mail (return receipt requested) and a direct email to the claims adjuster and the insurer’s designated claims address. If the insurer accepts faxes, transmit a copy and keep the fax transmission report. Include in the package:
- Notice of representation on the attorney’s letterhead
- Attorney bar number and contact information
- Signed retainer or a simple authorization to represent (if appropriate)
- Claim number and the insured’s name
3. Request written acknowledgment and ask for immediate file update
In the cover email/letter, request that the insurer acknowledge receipt in writing within a short, specified period (for example, five business days) and confirm that all insurer communications will be directed to counsel from that point forward. Keep follow-up reminders if you do not receive timely acknowledgment.
4. Protect time-sensitive rights and deadlines
Insurance policies and legal claims often include notice and litigation deadlines. If the insurer’s claim of non-receipt could prejudice the insured or interfere with defense deadlines, ask the insurer to toll (suspend) any running deadlines until it confirms receipt. If the insurer refuses, have counsel send a second letter that documents the transmittal attempts, requests tolling, and warns that continued denial may cause harm to the insured. Preserve evidence of all attempts and responses.
5. Escalate internally at the insurer if the issue persists
If the adjuster denies receipt despite your proof, escalate to the adjuster’s supervisor or the insurer’s claims manager and request a written explanation. Document the escalation: date, time, person spoken with, and summary of the conversation. Ask for the insurer to correct its claim file to reflect counsel’s representation.
6. Use records and third‑party verification
If you mailed the original letter, use postal or courier tracking history to show delivery attempts. For email, include full headers and read-receipt confirmations. If you sent by fax, include the transmission confirmation page. If a mistake was on the insurer’s end (wrong email address, misfiled scanned document), request that the insurer produce its inbound mail/scan log for the relevant date range.
7. Consider a formal complaint to the Washington OIC
If you cannot obtain acknowledgment or the insurer’s refusal to accept the representation harms the insured (for example by contacting the insured directly or refusing to update the file), you can file a complaint with the Washington State Office of the Insurance Commissioner. The OIC enforces unfair claims practices and can investigate claims-handling behavior. For general information, see the OIC homepage: https://www.insurance.wa.gov.
8. Be aware of Washington statutory protections
Washington law restricts unfair and deceptive insurance practices. RCW 48.30.010 and related provisions govern unfair methods of competition and unfair or deceptive acts in the business of insurance. If an insurer repeatedly ignores documented notice of representation, its conduct could be grounds for regulatory complaint or legal action under Washington’s insurance enforcement framework. See RCW 48.30.010: https://apps.leg.wa.gov/rcw/default.aspx?cite=48.30.010.
9. When to consider litigation or emergency relief
If the insurer’s failure to accept or acknowledge representation results in imminent prejudice—loss of coverage, missed statutory deadlines, or a settlement without counsel—discuss immediate court action or injunctive relief with counsel. A court can sometimes halt proceedings or require the insurer to recognize counsel while the dispute is resolved.
10. Keep contemporaneous notes
Have counsel maintain a detailed file: who was contacted, dates and times, what was said, copies of all transmittals and returns, and any insurer responses. These entries strengthen any regulatory complaint or later litigation.
Short checklist: gather proof → re-send certified + email/fax → request written acknowledgment → demand tolling if needed → escalate internally → file OIC complaint if unresolved → consider court action if prejudice results.
Disclaimer: This article provides general information about Washington insurance practice and is not legal advice. Consult a licensed Washington attorney about the specific facts of your case.
Helpful Hints
- Use certified mail with return receipt and keep the signed green receipt as proof of delivery.
- Send email to the specific adjuster and the insurer’s general claims address; include the claim number in the subject line.
- Include the attorney’s Washington Bar number on the letterhead to help claims staff validate the representation quickly.
- Attach a simple signed retainer or authorization to the notice when appropriate to remove any doubt about the attorney’s authority.
- Ask the insurer to confirm in writing that it will direct communications only to counsel and will not contact the insured directly.
- If the insurer insists it did not receive the notice, request its inbound mail/scan log for the relevant date range to locate misfiled documents.
- File a complaint with the Washington OIC if the insurer’s conduct appears unreasonable or unfair: start at https://www.insurance.wa.gov.
- Keep a clear contemporaneous timeline; that record is often decisive in regulatory and court proceedings.