June 19, 2013

Maryland man accused in Aruba disappearance sued over insurance policy

BY: NAOMI JAGODA SEPTEMBER 10, 2012 | 12:05 PM
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Photo - Gary Giordano (Examiner file)
Gary Giordano (Examiner file)

The Montgomery County man suspected in the disapperance of his vacation partner in Aruba is being sued by the company that issued him an insurance policy covering his companion's life.

Robyn Gardner, of Frederick, was reported missing on Aug. 2, 2011. Her vacation partner, Gary Giordano, was detained by authorities in Aruba for several months but was later released. Giordano has denied any wrongdoing and claims that Gardner was swept out to sea when they were snorkeling.

Shortly before the trip, Giordano purchased an insurance policy from AMEX Assurance Company, which included $1.5 million in accidental death or dismemberment coverage on Gardner's life.

In a lawsuit filed in federal court in Greenbelt last week, AMEX seeks for the accidental death and dismemberment coverage to be voided. The complaint alternatively asks for a declaration that no valid claim could be made for death benefits pertaining to Gardner, and it alternatively asks for damages from Giordano for fraud and/or negligent misrepresentations in documents involving the policy.

The complaint argues that Giordano didn't have an insurable interest in Gardner's life because they weren't relatives, married, or involved in business together or had joint property.

It also alleges that Giordano engaged in fraud when he named Gardner as his "partner" on the policy. In television interviews following his release from Aruba, Giordano said he met Gardner on a website called "Adult Friend Finder" and described their relationship as casual and non-exclusive.

In June, Giordano sued AMEX in a court in Cook County, Ill., seeking to be paid the "full death benefit" of $3.5 million from the policy. According to AMEX's lawsuit, Giordano's complaint does not provide an explanation for the claim that he is entitled to get $3.5 million.

njagoda@washingtonexaminer.com

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