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Dismissal denied in Aruba missing woman suit

Friday - 3/1/2013, 9:34am  ET

Gary Giordano took out an insurance policy on Robyn Gardner, seen here, before the two went to Aruba. (Courtesy of Aruba Prosecutor's Office)

GREENBELT, Md. (AP) - 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 aren't married, business partners or related otherwise.

Giordano sought dismissal on multiple grounds, including whether the challenge should be filed in federal court.

The 51-year-old Giordano was arrested at the Aruba airport in August 2011 after reporting her missing.

He has said the Frederick woman was swept out to sea while they were snorkeling. A judge later ruled prosecutors didn't have enough evidence to hold him.

(Copyright 2013 by The Associated Press. All Rights Reserved.)