only on 6

Family Fights for Life Insurance Payment After Tragic Accident

Jose “Carlos” Rodriguez's family fought to get his life insurance benefits after his tragic death

NBC Universal, Inc.

Surveillance video exclusively obtained by NBC 6 shows the moment a truck hits a man at a Key West parking lot in March. 

Jose “Carlos” Rodriguez, a father of three, died days later.

“He was a beautiful human being. Everyone who knew him loved him,” said his wife, Kathleen Burns. 

In an interview with NBC 6, she says her husband was heading out of the parking lot of a hardware store on March 7.

“He was on a moped because Key West is crazy downtown — nowhere to park,” she said.

Surveillance video obtained by NBC 6 shows Rodriguez at a distance heading out of the store’s parking lot, just moments before a truck hits him.

According to the crash report, the truck’s driver was “inattentive” and violated Rodriguez’s right of way.

Key West Police body cameras captured the aftermath of Rodriguez being ejected from the scooter. The crash report states he was unconscious and sustained “severe injuries.” He was eventually airlifted to Jackson South Hospital where just over a week later he died. 

“We just miss him, you know every day,” Burns said.  

A few months later, Burns says her husband’s insurance, Fidelity Life, paid the family $75,000. 

In a lawsuit filed in federal court in Miami, she claims the family should’ve also received $175,000 because the death was an accident and there are additional benefits under her husband’s life insurance policy. But the company has been slow to process that claim.

“It’s disgraceful. It really is,” Burns said. “You’re already going through one of the most tragic experiences of your life … there shouldn't be any more stress added to this situation,” she said.

Fidelity Life’s attorneys tried to dismiss the case arguing the company has not denied her claim or failed to “timely” pay all her benefits but the policy requires “proof of the accidental death.” They also have to rule out there was no improper use of alcohol, prescription or illegal drugs involved — all listed in the policy as reasons to deny payment.

“It’s not like he’s leaving a bar or restaurant to give them cause to believe he may have been intoxicated. He’s leaving a hardware store,” said the family’s attorney, Michael Shepherd.

He says they provided plenty of evidence to the insurance company to prove this was an accident. But in court filings, Fidelity Life says they’re missing the toxicology information from the hospital, which Shepherd says they don’t have.  

“It’s frustrating you know you can use this money and you make your timely payments you expect when the time comes they’ll do the right thing,” Burns said.

Experts NBC 6 spoke to say it’s important to read the fine print of your policy and keep track of all the records you need to process your claim.

Fidelity Life’s attorneys didn’t respond to NBC 6 multiple requests for comment but after we reached out, the company sent a letter to Sheperd saying the payment was approved and would be processed right away. They eventually settled the civil case.

Contact Us