In court documents, Giordano says Robyn Gardner is presumed dead and American Express should pay the full death benefit.
American Express says it's too soon. AmEx tells NBC News that when someone is presumed dead, a claim is not evaluated until 365 days after the incident. It's been a little less than 10 months since Gardner disappeared.
Giordano was held in an Aruba jail from August to November. He was released due to lack of evidence.
This exact policy was one factor that made police suspicious of Giordano in the first place.
“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.
Giordano says Gardner likely drowned while they were snorkeling.