A federal judge has refused to dismiss a suit filed by an insurer against a Maryland man jailed over the suspected death of his traveling companion in Aruba.
An American Express subsidiary is suing Gary Giordano of Gaithersburg over a travel insurance policy he took out in Robyn Gardner's name before their Caribbean vacation. The suit says the policy isn't enforceable because the two weren't married, business partners or related otherwise.
Giordano, 51, sought dismissal on multiple grounds, including whether the challenge should be filed in federal court.
Giordano was arrested at the Aruba airport in August 2011 after reporting her missing. He has said Gardner, of Frederick, was swept out to sea while they were snorkeling.
A judge later ruled prosecutors didn't have enough evidence to hold him, and he was released in November of that year.
“Needless to say, our family is very disappointed that even after all this time, we are no closer to finding out what happened to our Robyn,” Kelly Reed, Gardner’s cousin, said in a statement at the time of Giordano's release.
In June 2012, Giordano, 50, sued American Express for $3.5 million, looking to cash in on the policy.
The policy was one factor that made police suspicious of Giordano in Gardner's death.