Legal Question in Insurance Law in North Carolina

Re: Death in the family Insurance does not want to pay.

This is a very complex question. First, we would need the insurance policy your father bought (or intended to buy). Many policies do have certain exclusions for pre-existing conditions. If this policy had such a provision, and if your father died from this condition, then I do not see that there is a claim, regardless of whether the policy was obtained by the dealer. (I might also want to know what representations were made by the dealer, or the insurer, about the coverage and exclusions, as that could conceivably give rise to some other claims if he was mis-informed.) If, however, the policy did not have such an exclusion, then your father should have the coverage, and should have a claim against the dealer, or insurer, or both, depending on what representations were made by both and who dropped the ball. In fact, these situations often give rise to claims for "unfair and deceptive" trade practices, which can give you treble damages and attorneys fees. (I will note that at a minimum, i the policy was not in fact purchased by the dealer, and if your father paid for it, then he (or his estate) should have a claim for those premium amounts, regardless of the pre-existing condition issue). I would encourage you to keep looking for a lawyer, and to get a copy of the insurance policy. It is not unreasonable for the lawyer to want a retainer fee, but you may be able to do better with some shopping around.