Robyn Gardner -- Missing 8/2/11

This case will be featured on Dateline tonight.

Your local NBC station at 10 p.m. EST/ 9 p.m. CST.

At least that is the time indicated on my TV guide.

Man held in Aruba sues over travel insurance claim

June 18, 2012 12:52 PM

WASHINGTON — A Maryland man who was suspected in the presumed death of his traveling companion in Aruba is suing to collect on a travel insurance policy issued in the woman's name.

Gary Giordano says in a lawsuit that AMEX Assurance Company is required to pay him $3.5 million under the terms of a policy purchased before last summer's trip. He says in the suit that his companion, Robyn Gardner, is presumed dead following her Aug. 2 disappearance and that the insurance company has a "duty to pay the full death benefit" to him.

Read more: http://www.cbsnews.com/8301-501363_162-57455290/man-held-in-aruba-sues-over-travel-insurance-claim/

Justice4all wrote:Man held in Aruba sues over travel insurance claim

June 18, 2012 12:52 PM

WASHINGTON — A Maryland man who was suspected in the presumed death of his traveling companion in Aruba is suing to collect on a travel insurance policy issued in the woman's name.

Gary Giordano says in a lawsuit that AMEX Assurance Company is required to pay him $3.5 million under the terms of a policy purchased before last summer's trip. He says in the suit that his companion, Robyn Gardner, is presumed dead following her Aug. 2 disappearance and that the insurance company has a "duty to pay the full death benefit" to him.

Read more: http://www.cbsnews.com/8301-501363_162-57455290/man-held-in-aruba-sues-over-travel-insurance-claim/

J4A, this is an interesting development. During the time Giordana was jailed after Robyn's disappearance, his Aruban Attorney stated that "Giordana had no motive, that he wasn't even going to file on the Traveler's insurance on Robyn." The money puts Motive back on the table & Giordana was the last to see Robyn. Baez was Giordana's side kick in the US during the MEDIA Blitz the 2 did once Giordana was released & made it back to the State's.

This may be more difficult than he thinks, there are no remains, she is most probably deceased but in the US, you have to wait 7 years to have someone declared dead unless all parties/relatives agree after years their loved one is most probably deceased. Beth Twitty fought her EX husband this last year because he had Natalie declared dead. She finally agreed, but legally, imo, she didn't have a chance, it had been 7 years since Natalie was last seen.

Robyn's family might consider a Civil Suit, although the bar is lower for monetary damages, it seems it still would be extremely difficult because the burden is on the family to prove Giordana did something to Robyn. Although, imo, I feel he is responsible for her probable death, there just isn't enough evidence to prove it, even in a Civil Suit.

Giordana is a real creep, a couple of months ago he got busted for having sex in a car & when the policeman approached, G. was exposed. A real idiot imo, lack of moral fiber, I hope he is NOT successful in his demand for payment from the insurance company, or maybe Robyn's family can somehow tie up the funds causing him real headaches.

The Coxes' have done this to Josh's siblings, 3-4 days later after Josh murdered the boy's, Alina/Micheal were calling to be PAID the 1.5 million dollars Josh left, 250,000.00 each for Braden/Charlie because he murdered them. OUTRAGEOUS, that money is tied up, I hope forever.

Art, this news didn't surprise me in the least. I believe that he always had every intention of trying to collect on this policy. It establishes motive, but like you said, there probably isn't enough evidence to prove that he is responsible for Robyn's disappearance and probable death.

In the article, an American Express spokeswoman said there is a 365-day period before you can file a claim of this type when a body hasn't been found. If that is the case, this lawsuit will go nowhere and he will have to wait until August to file a claim. Hopefully AMEX can find a way to legally get out of paying him until she is legally declared dead. Unfortunately they may end having to pay him eventually if there isn't enough evidence to charge him in her disappearance.

I don't think you should even be able to buy this type of insurance on somebody unless they are a relative. Hopefully there is some kind of wording in the policy that doesn't allow a claim to be paid when the policy holder is a person of interest in the presumed death of the insured.

Justice4all wrote:Art, this news didn't surprise me in the least. I believe that he always had every intention of trying to collect on this policy. It establishes motive, but like you said, there probably isn't enough evidence to prove that he is responsible for Robyn's disappearance and probable death.

In the article, an American Express spokeswoman said there is a 365-day period before you can file a claim of this type when a body hasn't been found. If that is the case, this lawsuit will go nowhere and he will have to wait until August to file a claim. Hopefully AMEX can find a way to legally get out of paying him until she is legally declared dead. Unfortunately they may end having to pay him eventually if there isn't enough evidence to charge him in her disappearance.

I don't think you should even be able to buy this type of insurance on somebody unless they are a relative. Hopefully there is some kind of wording in the policy that doesn't allow a claim to be paid when the policy holder is a person of interest in the presumed death of the insured.

J4A, you make a good point, I too agree that I don't think you should be able to buy this type of insurance, in this case, Robyn was casually seeing this creep. I never felt comfortable with the hokey excuses of where they supposedly snorkeled, etc. I just didn't find him believable. I can't understand how he could have disposed of her remains, or if he held her under until she drowned, it seems her remains would have eventually been found.

LOL! I was watching Judge Judy tonight & she made the analogy to a defendant that "she couldn't buy life insurance on Byrd, (her right hand man,) nor could Byrd buy insurance on her BECAUSE they would always be looking over their shoulder." I am suprised that you can purchase the insurance, in this case, it makes me sick to think that while Robyn's family is coping w/her loss & trying to understand what happened, Giordano is preparing to get a BIG payday.

You may be right, that fine print in the policy may be the KARMA Giordana richly deserves.

Gary Giordano might be getting ready for what he thinks is a big pay day, but it seems Robyn's family is preparing too. Giordano is going to try to cash in on the ''life insurance policy'' he bought for Robyn making himself the beneficiary. Robyn's family is claiming she is "still alive," I wonder if this is going to interfere w/Giordano's claim on the insurance, she has to be dead for him to receive the monies & no body has been recovered.

From the article:

Giordano sued Amex Assurance Co. in June, arguing that the company is required to pay him $3.5 million under the terms of a life insurance policy bought before last summer's trip. He says in the suit that Gardner is presumed dead after her Aug. 2 disappearance and that the insurance company "has a duty to pay the full death benefit" to him.

Gail Wasserman, a spokeswoman for the company, said she can't comment on pending litigation. A hearing is set for later this year, according to online court records.

http://mobile.fredericknewspost.com/displayNews.htm?storyID=138738&IX=0

3.5 million dollars is a hell of a lot of money, enough for the insurance company to maybe challenge Giordano's claim.

Danielle Colson-Unglesbee of Carroll County, Md., sister of Robyn Gardner, still believes she's alive one year after vanishing in Aruba

5:51 PM, Jul 31, 2012



CARROLL COUNTY, Md. (WUSA) - Thursday will mark the one-year anniversary of the disappearance of 35-year-old Robyn Gardner of Frederick, Md.

She was last seen vacationing in Aruba with Gary Giordano, a Gaithersburg man who was held for months in an Aruban jail, but was released in November 2011 for lack of evidence.

On Tuesday afternoon, Gardner's sister spoke with Andrea McCarren for the first time. Gardner's family is convinced Robyn is still alive. And it wants the FBI and Aruban authorities to continue their investigation.

Read more: http://www.wusa9.com/news/article/214989/189/Family-Marks-Anniversary-Of-Robyn-Gardners-Disappearance

J4A, If I were in the spot of Robyn's family, I too would want the investigation to continue, they have nothing more to loose than they already have, who knows, something might turn up in the investigation. Although I think she is probably deceased, the family certainly doesn't have to contend she is, after all, there is no proof of death. I don't know how much the case has even been worked by the Arubian Police after Giordiano left, obviously they didn't have enough to hold him, but they surely suspect him of foul play in her disappearance.

I hope the families claim that she may be alive might delay the 3.5 million dollar payout. I guess Giordana never gave a second thought to Robyn's family, I guess he thought they should just accept his story. Giordana strikes me as a real POS, a creep, someone that has a volatile personality, imo, anything is possible.

The 3.5 million dollar life insurance policy bothers me tremendously, if it were for $ 100,000.00, I wouldn't consider it a motive, but for so much money, it even makes me suspicious it might have been premeditated. imo.

I think Robyn's disappearance was all about the life insurance policy. It would never have even occurred to me to buy a life insurance policy on somebody I was taking on a trip out of the country.

Robyn is probably dead and her death was most likely premeditated, but I don't blame that family for wanting to hold on to hope and hopefully that delays the insurance payout.

Unfortunately in other news, it has been announced that the unrelated indecent exposure charge against Giordano has been dropped.

http://www.nbcwashington.com/news/local/Gary-Giordano-Indecency-Case-Dropped-164898266.html

The federal lawsuit seeks to void a travel insurance policy that Gary Giordano, of Gaithersburg, took out in Robyn Gardner's name before their trip. The suit says the policy is void because Giordano and Gardner aren't married, aren't related and weren't business partners.



http://www.cbs42.com/content/localnews/story/Aruba-disappearance-suspect-in-battle-with/JErm5YBZYU2yCVJabd7fhw.cspx

Gary Giordano Sued By AMEX Assurance Company, Claims Robyn Gardner Insurance Policy Not Valid

By ERIC TUCKER 09/10/12 06:21 PM ET
AP


Robyn Gardner, left, Gary Girodano, right. Richard Forester / AP

~Snipped~

The lawsuit, filed last week in federal court in Maryland, says the policy isn't legally enforceable because Giordano and Gardner aren't married or otherwise related, weren't business partners and didn't own property together.

It also accuses him of lying on insurance forms by identifying Gardner as his "partner" when the two actually had what the company calls a "casual and non-exclusive" relationship.

"You have to have an economic interest in the person" when taking out a policy, American Express spokeswoman Gail Wasserman said Monday.

The suit also says that Gardner remains a missing person, and that aside from Giordano's public statements suggesting she is dead, "there is no other direct evidence that she is no longer alive."

http://www.huffingtonpost.com/2012/09/10/gary-giordano-sued-amex-assurance-company_n_1871515.html?icid=maing-grid7%7Cmain5%7Cdl3%7Csec1_lnk2%26pLid%3D203628

imo, the bottom line is going to be the wording on the insurance documents and whether it listed the exclusions. I hope the sorry bastard doesn't get a dime, imo, he had the motive to murder Robyn, 3.5 million reasons.