Steps to Protect Your Claim When an Insurer Says It Never Received Proof of Representation

Overview

If an insurance company tells you it never received your letter of representation, you should act quickly and methodically. The goal is to prove you gave timely notice of representation, protect any deadlines, and create a clear record that the insurer was put on notice. The steps below explain what to do in Wisconsin, how to document communication, and where to get help.

Disclaimer

This article is educational only and is not legal advice. For legal advice about your specific situation, contact a licensed attorney in Wisconsin.

Detailed Answer — Practical, step-by-step actions

1) Confirm you actually sent the notice

Before assuming the insurer is at fault, double-check your records: when and how you sent the letter, the address used, and whether the letter included enough information to identify the claim (policy number, claimant name, claim number, date of loss, and the client’s name). If you used an attorney letterhead, confirm the letter contained a signed client authorization or retainer reference so that the insurer could identify the sender as counsel.

2) Resend the notice using verifiable delivery

Send a new letter immediately by multiple reliable methods so you have proof of delivery. Recommended methods:

• Certified mail with return receipt (USPS Certified Mail, Return Receipt Requested).
• Courier service with signature tracking (FedEx, UPS signature required).
• Email to the insurer’s claims queue and the adjuster, with delivery/read receipts when possible. Attach the same signed authorization and the original letter as PDF.
• If the insurer allows electronic filing through a portal, upload the notice there and save confirmation pages/screenshots.

Keep all tracking numbers, screenshots, and receipts.

3) Demand written acknowledgment

Include a short cover note asking the insurer to confirm receipt in writing within a short deadline (for example, 5–7 business days). Make the request by certified mail and email so you can show the insurer had a clear opportunity to respond.

4) Create contemporaneous records of all follow-up communications

Log dates, times, names, and titles of people you speak with when you follow up by phone. After each call, send a short email summarizing the conversation and asking the person to confirm or correct your summary. That creates a written record you can rely on later.

5) Provide proof of authority to represent the client

Insurers sometimes claim they didn’t accept a letter of representation because they did not receive a clear authorization. Attach a signed retainer agreement or a signed client authorization to the resubmitted letter. If the claim involves medical records subject to HIPAA, include a HIPAA-compliant medical release signed by the client.

6) Preserve your client’s legal rights and deadlines

Confirm any relevant deadlines for filing suit or arbitration in Wisconsin. If you are close to a statute-of-limitations or contractual deadline, consider taking protective steps (for example, filing a lawsuit or requesting tolling) so you do not lose rights while you sort out proof of notice. When in doubt, consult a Wisconsin attorney quickly about preservation steps.

7) Escalate internally and externally if needed

If the adjuster or insurer continues to claim non-receipt after you resend with proof, escalate within the company to a claim supervisor or manager. If escalation fails, you can file a consumer complaint with the Wisconsin Office of the Commissioner of Insurance (OCI). OCI handles consumer complaints about insurer conduct and can investigate claims-handling problems. File a complaint online: https://oci.wi.gov/Pages/Consumers/FileComplaint.aspx.

8) Consider court filing or alternative dispute resolution

If the insurer’s assertion of non-receipt interferes with claim handling or causes prejudice (for example, a denied claim or missed settlement opportunities), discuss litigation or mediation with counsel. Filing a lawsuit can create a formal record and compel discovery about the insurer’s procedures for processing mail and electronic notices.

Why insurers say they didn’t receive a letter

Common reasons include: incorrect mailing address, lost mail, internal processing delays, mail sent to a local office instead of a central claims address, problems with scanned mail intake, or insufficient identifying information in the letter. Understanding the likely cause helps you avoid recurrence.

Helpful Hints

• Always include claim identifiers: claimant name, claim number, policy number, date of loss, and the insurer’s adjuster if known.
• Attach a signed client authorization or retainer so the insurer cannot claim lack of authority.
• Send notices to the insurer’s designated claims address (found on the insurer’s website or the policy). When in doubt, mail to both the local adjuster and the insurer’s central claims department.
• Use certified mail or delivery services that give a signature and date — you want a paper trail.
• Save every piece of correspondence and every confirmation (PDF and paper). Back up electronic files and print key confirmations.
• Follow up with an email summary after any phone call and ask for confirmation.
• If you file a complaint with the OCI, include copies of the original letter, evidence of your re-sends, and any responses from the insurer: https://oci.wi.gov/Pages/Consumers/Home.aspx.
• Act early if a filing deadline is approaching — preservation steps can be critical to avoid losing legal rights.

Sample short cover language to include with a resubmission

“Enclosed please find a letter of representation and a signed authorization for client [Client Name], regarding claim number [####] for loss on [date]. Please confirm receipt in writing within seven (7) business days. If you did not receive prior correspondence, please provide the name of the person who handles incoming counsel letters and the address used to accept such notices.”

Where to get help in Wisconsin

• Wisconsin Office of the Commissioner of Insurance (consumer help and complaints): https://oci.wi.gov/
• If you need an attorney, contact your local bar association for referrals. If a time-sensitive filing is required, consult a lawyer right away.

Following these steps will build a paper trail, reduce the chance you lose important rights, and improve your position if you need to escalate the matter. If you remain uncertain about deadlines or next steps, seek advice from a Wisconsin-licensed attorney.