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If you sent a letter notifying an insurance company that an attorney represents an insured or a claimant and the insurer later says it never received that letter, act quickly and methodically. Prompt, well-documented steps protect both your legal rights and your ability to meet deadlines under West Virginia law.

1) Confirm what you sent and when

Gather everything related to your original transmission: a copy of the signed letter of representation (engagement/retainer letter if used), the envelope or email header if available, any postage or tracking receipts, and contemporaneous notes showing the date and method of sending. If you included a signed authorization to discuss the claim, get that too.

2) Re-send the notice using multiple documented channels

Resend the letter immediately, and use methods that create reliable proof of delivery.

• Certified mail with return receipt (USPS) or equivalent courier service with tracking and signature confirmation. Keep the tracking number and the signed return receipt.
• Send an email to the insurer’s claim handler and to the insurer’s designated claims address. Request a read receipt and keep the sent message and delivery/read confirmations.
• Fax (if the insurer uses fax) and keep the transmission confirmation report. If you faxed earlier, keep the fax confirmation page.

3) Include clear proof of representation and claim details

Each re-sent packet should include:

• A cover letter stating: this is a re-transmission, original date sent (give the date), and why you are sending again;
• A copy of the signed retainer or signed letter of representation;
• A signed HIPAA authorization or similar authorization if medical records are needed;
• Policy number, claim number, date of loss, and claimant name; and
• A request for a written acknowledgment of receipt and for a contact name and direct phone/email for the claims adjuster.

4) Preserve deadlines and protect the claim

If a statute of limitations or notice deadline is approaching, consider filing a protective action or suit so you do not lose the right to bring the claim while you resolve the delivery dispute. Check West Virginia’s statutes of limitation in Title 55 for the applicable timeline for your claim type: general limitations and special rules are in West Virginia Code Title 55. If you need emergency relief (for example, to preserve evidence or freeze a procedural deadline), consult counsel immediately.

5) Demand an acknowledgment and create a paper trail

In the follow-up transmission, demand that the insurer provide written confirmation that it received the letter of representation and that no third-party communications should occur without counsel. Keep every reply, and log all phone calls (date, time, who you spoke with, and what was said). If the insurer declines to acknowledge receipt, document that refusal in writing.

6) Reference insurer duties and unfair practices

Insurers have duties to handle claims fairly in West Virginia. If the insurer’s failure to accept proof of representation prejudices the claim, you can explain that the insurer’s conduct may raise issues under West Virginia’s unfair insurance settlement practices provisions. See the West Virginia insurance statutes on unfair claim settlement acts in Title 33; one relevant provision is found in WV Code §33-11-4. If the insurer’s behavior continues and you suffer harm, you may have administrative or civil remedies.

7) File a complaint with the state regulator if necessary

If you cannot get a timely or reasonable response from the insurer, you may complain to the West Virginia Offices of the Insurance Commissioner. The Commissioner handles consumer complaints and can investigate potential violations of the insurance code. Main site: West Virginia Offices of the Insurance Commissioner.

8) Consider litigation or a demand for preservation

If the insurer’s denial of receipt prevents cooperation or if the insurer’s denial impairs your ability to pursue or defend a claim, your next step may be a formal demand letter, a motion in court (if litigation is pending), or filing suit. An attorney can ask a court to deem the insurer on notice if appropriate facts support that remedy.

9) Keep impeccable records

Throughout, maintain a centralized file with copies of every transmission, delivery receipt, emails, fax confirmations, notes of phone conversations, and the insurer’s replies. Good documentation is often decisive if the issue later becomes a regulatory complaint or part of litigation.

When to get help from another attorney

If you are a claimant or insured and the insurer’s failure to accept representation meaningfully harms your claim or prejudices your rights, consult a West Virginia-licensed attorney promptly. If you are already represented and the insurer refuses to acknowledge your counsel, you and your counsel may need to pursue regulatory complaints or litigation to protect deadlines and recoverable damages.

Important note on timing: If your matter is time-sensitive, act now. Statutes of limitation and policy notice requirements can bar claims if missed. Consult the West Virginia statutory provisions in Title 55 for limitation periods: https://code.wvlegislature.gov/55/.

This content is informational only and is not legal advice. It does not create an attorney-client relationship.

Helpful hints

• Always send critical notices by a method that produces a delivery receipt (certified mail, courier tracking, or signed courier delivery).
• Email is useful, but it is best paired with a tracked physical delivery.
• Include a short, clear cover letter each time you resend that lists what you enclosed and the original mailing date.
• Ask the insurer to put a stop on direct communications to a represented party and to update its file to show your counsel’s contact information.
• If you expect medical records, attach a signed HIPAA release so the insurer cannot hide behind privacy technicalities.
• If the insurer claims it never received your letter but later acts as if it did (for example, by responding to counsel), save those communications — they may help show actual notice.
• Use the West Virginia Offices of the Insurance Commissioner for help if the insurer’s behavior rises to unfair practices: https://www.wvinsurance.gov/.
• If you’re unsure about deadlines or next steps, consult a West Virginia-licensed attorney without delay.

Disclaimer: This article provides general information about West Virginia law and is not legal advice. For advice specific to your situation, consult a licensed attorney.