Listen, if the state Insurance Department can not get the insurer to produce the designation of beneficiary form then I think you really have no choice but to hire an attorney - or your brother should as the trustee of the trust - to write a letter demanding payment to the trust based upon the designation of beneficiary form that you believe was in effect at the time of his death.  Then you may indeed need to bring a suit demanding payment.  I can not understand why they will not produce a copy of the form and put the matter to rest.  But in any event I thing that your backs are up against the wall at this point in time.  Good luck.