Detailed Answer
This explains what to do if an insurer says it never received proof that you are represented by counsel. The steps focus on making the representation effective, protecting deadlines and client rights, and creating reliable proof that the insurer received notice.
Quick overview
Do not assume the insurer’s statement ends the matter. Take prompt, documented steps to re-establish notice and preserve your client’s rights. Use multiple delivery methods, keep written proof, and escalate if the insurer refuses to acknowledge the representation.
Step-by-step actions to take right away
- Confirm contact and claim details.
Verify the insurer’s correct claims address, the claim number, and the assigned adjuster or contact. Use the carrier’s website, the claim file, or prior correspondence. Phone calls are fine for confirmation, but follow up in writing.
- Resend the notice using multiple delivery methods.
Send a fresh notice of representation (cover letter and copy of the signed representation agreement or retainer confirmation) by:
- Certified mail with return receipt requested (so you have a signed record),
- Email to the adjuster and the insurer’s designated claim email (keep delivery/read receipts if possible), and
- Facsimile if the carrier accepts faxes and you will receive a transmission confirmation.
Address the mailing to the insurer’s claims department and to any named adjuster. If the carrier has a specific legal or litigation department, send a copy there too.
- Include clear, supporting documents.
Attach a one-page cover letter stating that the firm now represents the insured, the insured’s name, the claim number, and a request that all future communications about the claim be directed to counsel. Include a signed retainer or engagement letter or an executed authorization/POA that shows the attorney-client relationship. Also include the best phone number and email for counsel.
- Request written acknowledgment.
Ask the carrier to confirm in writing that it will accept communications from counsel and will send future claim information to your office only. Set a short deadline (for example, 7–10 days) for acknowledgment.
- Document all efforts and follow up promptly.
Keep copies of everything you send, certified-mail tracking, delivery receipts, email headers and read receipts, and call logs. If you call, note the date, time, name of the person you spoke with, and what was said. Save voicemail or recording where legal.
- Preserve deadlines and the insured’s rights.
If a statute of limitations, notice deadline, or policy deadline is running, preserve the claim. If necessary, consider filing a protective suit or temporary pleading to toll deadlines while notice disputes get sorted. Consult local counsel quickly if deadlines are at risk.
- Escalate if the insurer refuses to accept notice.
If the company still denies receiving the representation notice or continues to deal only with the insured despite proper proof, consider the following:
- Send a stronger demand letter by certified mail noting the insurer’s obligations and the risk of prejudice to the insured;
- Ask a court for an order (for example, a protective order or an order directing the insurer to recognize counsel) if communications with the insured create legal exposure; and
- File a complaint with the Wyoming Department of Insurance if you suspect unfair claims practices.
How to prove the insurer received notice
Gather proof that the insurer saw the notice:
- Certified mail return receipt (USPS green card or electronic equivalent).
- Email delivery and read receipts and the full email headers showing delivery.
- Fax transmission confirmations with daily transmission reports.
- Notes from phone calls confirming receipt by a named representative.
- Any insurer email replies or file notes referencing counsel.
When to involve the Wyoming Department of Insurance
If you have proof you provided notice and the insurer still refuses to recognize counsel or otherwise acts in a way that prejudices the insured’s rights, you can submit a complaint to the Wyoming Department of Insurance’s consumer division. The Department can investigate unfair claims-handling practices and advise on next steps. Start at the Department’s website: Wyoming Department of Insurance.
Relevant Wyoming resources
- Wyoming Department of Insurance: https://doi.wyo.gov
- Wyoming Legislature (statutes and legislative materials): https://wyoleg.gov
When to consider filing a lawsuit
If the insurer’s refusal to accept notice leads to missed policy deadlines, improper settlements, bad-faith conduct, or prejudice to the insured, you may need to file suit to protect the insured’s rights. Do not delay if limitations or policy notice provisions are at risk. Consult litigation counsel in Wyoming right away.
Sample concise notice cover-letter text (for re-sending)
Keep it short, factual and professional. Example language:
Please accept this as notice that our law firm represents [insured name] regarding claim no. [claim number]. Enclosed is a copy of the signed retainer/authorization. Please direct all future communications and claim materials to our office. Kindly confirm receipt of this notice in writing to [email address] within ten (10) days.
Helpful Hints
- Always use at least two delivery methods (certified mail + email) to create redundancy.
- Keep communication short and factual. Avoid rhetoric that could escalate the situation prematurely.
- File proof of service in any pending court matter if the claim relates to litigation.
- Check the insurance policy for required notice procedures and follow them precisely.
- Ask the court for emergency relief if the insurer’s conduct threatens statutory or policy deadlines.
- Preserve metadata for emails and digital files — it can show delivery and receipt details.
- If you file a consumer complaint, include all proof of your attempts to notify the insurer.
Disclaimer: This article provides general information about possible next steps under Wyoming law. It is not legal advice, does not create an attorney-client relationship, and does not substitute for advice about your specific situation. Contact a licensed Wyoming attorney to discuss your facts and deadlines.