ARUBA - Robyn Gardner, 35, Maryland woman missing in Aruba, 2 Aug 2011 - #11

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Scroll down to below the article where the comments are posted by the readers. I found them interesting, and the entertainment value can't be downplayed either. In particular, the one by Tane555, posted at 4:04am on the 19th (this a.m.) I would copy and post but think that's against TOS. It starts out with "As a mere mortal...." .

They also bring out a good point, that there is no proof of accidental death without a body. No proof of death at all, for that matter.

That GG even filed this law suit is outlandish to say the least. But then again, this is the same narcissistic, lamebrain that had the audacity to steal Playstations and X-boxes by carting them out of Target stores - in broad daylight.
Gosh, too bad Robyn doesn't have a father or brother like Tane555. :wink:
 
Another article on Giordano's insurance claim.

Since Robyn has not been legally declared dead, how can Giordano make a claim based on "presumption" of death?


He may be required to sue within a certain amount of time under law or lose the ability to sue. Could be in his insurance agreement etc... Therefore you file the suit while working on getting her declared dead.
 
Not much new but this is today's article from CBS news, B&SBM:

American Express Co. spokeswoman Gail Wasserman declined to discuss the specifics of the case, but she said policyholders generally have to wait one year before filing a claim in instances in which a person is presumed dead but a body has not been located.

"When somebody is trying to collect a policy of this type and the insured person is missing, there is a 365-day period to file a claim," she said. "We would have not accepted a claim before the 365th day because that's the parameter of the policy."

http://www.cbsnews.com/8301-505245_162-57455906/man-held-in-aruba-sues-over-travel-insurance-claim/
 
So...he must have TRIED to collect on the claim and when he could not - he SUED!

Gee, why the sense of urgency Gary?

Every time I see his recent mug shot I swear I feel like I need a shower!

YUCK!
 
I hope there is a clause within the policy disallowing payment on a claim where suspicious circumstances are present.
 
Not much new but this is today's article from CBS news, B&SBM:

I think what it means is that he has to file a claim within the 365 days, or it lapses. They don't move on the claim until after the 365 days are up.

If it is a valid policy and her signature is real, then they have to pay up. I vaguely recall Stein saying that they were going to get a second opinion on the signature, presumably because the FBI thought it was hers. In any event, no fraud charges have been made in the US, so presumably the signature isn't really in dispute.

No one is disputing that she is dead, after all, he was held for months in Aruba on suspicion of having something to do with her dissappearance. The versions being offered is that she either drowned while scuba diving, or he killed her, in either case she is dead. But they can't prove the latter so they would have to accept the former until there is evidence to the contary.

I don't see how the insurance company can avoid paying up, they might stall it for a while in hopes of reaching a settlement, but if it goes to court they will have no option.
 
I think what it means is that he has to file a claim within the 365 days, or it lapses. They don't move on the claim until after the 365 days are up.

If it is a valid policy and her signature is real, then they have to pay up. I vaguely recall Stein saying that they were going to get a second opinion on the signature, presumably because the FBI thought it was hers. In any event, no fraud charges have been made in the US, so presumably the signature isn't really in dispute.

No one is disputing that she is dead, after all, he was held for months in Aruba on suspicion of having something to do with her dissappearance. The versions being offered is that she either drowned while scuba diving, or he killed her, in either case she is dead. But they can't prove the latter so they would have to accept the former until there is evidence to the contary.

I don't see how the insurance company can avoid paying up, they might stall it for a while in hopes of reaching a settlement, but if it goes to court they will have no option.

Not necessarily so that the ins. co. will have no option. They can investigate it fully themselves, and they can bring up the many discrepancies which exist in his lame story. They do not have to pay out if they can challenge his version of the events successfully. ESPECIALLY if they can show that they were drinking while supposedly scuba diving. That might make the whole thing null and void.
 
Not necessarily so that the ins. co. will have no option. They can investigate it fully themselves, and they can bring up the many discrepancies which exist in his lame story. They do not have to pay out if they can challenge his version of the events successfully. ESPECIALLY if they can show that they were drinking while supposedly scuba diving. That might make the whole thing null and void.


In addition to drinking, Giordano told investigators Robyn took a sleeping pill that afternoon. Eyewitnesses described Robyn as being "woozy." Others thought it "odd" Robyn would go snorkeling due to the way she was dressed. IMO, these suspicious circumstances could affect the outcome of Giordano's claim.



<snip>

Investigators found Ambien in the hotel room Gardner shared with Giordano. She is prescribed the sleeping pills.

Giordano told investigators Gardner took one of the pills in the afternoon. Later that day, he maintains Gardner disappeared while snorkeling.

A combination of alcohol and a sleeping pill would make a person more vulnerable to a strong current.

<snip>

http://www.wjla.com/articles/2011/0...nts-expected-in-robyn-gardner-case-65872.html




<snip>

An employee at the restaurant said he thought it odd that Robyn, 35, would have been going snorkelling that day due to the clothes she was wearing and the way her hair and makeup were done.

Other eye witnesses said she seemed woozy and did not touch her salad when she ate in the Rum Reef Bar and Grill with the man suspected of killing her.

<snip>

http://www.dailymail.co.uk/news/art...Gary-Giordano-says-witness.html#ixzz1yKt29Vp8
 
I think what it means is that he has to file a claim within the 365 days, or it lapses. They don't move on the claim until after the 365 days are up.

If it is a valid policy and her signature is real, then they have to pay up. I vaguely recall Stein saying that they were going to get a second opinion on the signature, presumably because the FBI thought it was hers. In any event, no fraud charges have been made in the US, so presumably the signature isn't really in dispute.

No one is disputing that she is dead, after all, he was held for months in Aruba on suspicion of having something to do with her dissappearance. The versions being offered is that she either drowned while scuba diving, or he killed her, in either case she is dead. But they can't prove the latter so they would have to accept the former until there is evidence to the contary.

I don't see how the insurance company can avoid paying up, they might stall it for a while in hopes of reaching a settlement, but if it goes to court they will have no option.

I agree with you, as much as I feel he knows what happened to her, he is the beneficiary to a policy that she signed. I also believe that amex would fight this even if there was nothing sinister about it. jmo
 
I have not read the fine print in the policy

It seems to me, the drinking and sleeping pills may be a huge hurdle for him to overcome, and that information comes straight from him

I personally don't think he will see a red cent
 
BBM:
I think what it means is that he has to file a claim within the 365 days, or it lapses. They don't move on the claim until after the 365 days are up.

If it is a valid policy and her signature is real, then they have to pay up. I vaguely recall Stein saying that they were going to get a second opinion on the signature, presumably because the FBI thought it was hers. In any event, no fraud charges have been made in the US, so presumably the signature isn't really in dispute.

No one is disputing that she is dead, after all, he was held for months in Aruba on suspicion of having something to do with her dissappearance. The versions being offered is that she either drowned while scuba diving, or he killed her, in either case she is dead. But they can't prove the latter so they would have to accept the former until there is evidence to the contary.

I don't see how the insurance company can avoid paying up, they might stall it for a while in hopes of reaching a settlement, but if it goes to court they will have no option.

Actually, there has been ongoing speculation that Robyn could be a victim of kidnapping and trafficking. That holds with it a possibility, however remote, that she could be alive. Even GG himself brought this up in his television interview. Said she could have been abducted from the water, then said he thinks he still might see her again. However bizarre, that's what he said on national television.
The possibility that this was staged for the insurance payout has also been questioned by some as it wouldn't be the first time this kind of thing happened, and I would be willing to bet that the insurance company will consider this along with every other possibility before paying out 3.5 mill. on a person who has disappeared under highly suspicious circumstances.

If they had actually been scuba diving as you state, they would have been further out in deeper waters, which would actually make GG's story more believable that she may have been swept out to sea. However, that is not the story he told. He claimed they were snorkeling not far offshore in shallow waters, which is just one of the elements of his story that make it unbelievable. If they had been snorkeling where he claims, her body would have come to shore and been found. That is not jmo, but the opinion of Aruba LE who have conducted their own investigation and have at their disposal, Aruban professionals and locals who know those waters and the conditions on the day that Robyn disappeared.

B&SBM: Quoted from Wikipedia: Death in absentia - Wikipedia, the free encyclopedia
Death in absentia (or presumption of death) is a legal declaration that a person is deceased in the absence of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period of time without any evidence that the person is still alive, or when the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died (e.g., an airplane crash)....

The circumstances have always been questionable and suspicious. There were no witnesses or direct evidence, as, for instance, in a plane crash. Only what GG claims to have happened, and what Aruba LE believes, which does not coincide with GG's story of what happened.

If there is not sufficient evidence that death has taken place, it may take somewhat longer, as simple absence does not necessarily prove death. The requirements for declaring an individual legally dead may vary depending on numerous details including the following:

The jurisdiction the individual lived in before death
The jurisdiction where they are presumed to have died
How the individual is thought to have died (murder, suicide, accident, etc.)
The balance of probabilities that make it more likely than not that the individual is dead

Most countries have a set period of time (seven years in many common law jurisdictions) after which an individual is presumed to be dead if there is no evidence to the contrary....

Missing persons have on rare occasions been found after being declared legally dead. Prisoners of war, people with mental illnesses who become homeless, and in extremely rare circumstances kidnapping victims may be located years after their disappearance. Some people have even faked their deaths to avoid paying taxes, debts, etc.

Death in absentia - Wikipedia, the free encyclopedia

I feel sure that the insurance company will conduct their own investigation and will consider all possibilities and options, including the very strong possibility that Robyn was murdered by GG.
 
I think what it means is that he has to file a claim within the 365 days, or it lapses. They don't move on the claim until after the 365 days are up.

If it is a valid policy and her signature is real, then they have to pay up. I vaguely recall Stein saying that they were going to get a second opinion on the signature, presumably because the FBI thought it was hers. In any event, no fraud charges have been made in the US, so presumably the signature isn't really in dispute.

No one is disputing that she is dead, after all, he was held for months in Aruba on suspicion of having something to do with her dissappearance. The versions being offered is that she either drowned while scuba diving, or he killed her, in either case she is dead. But they can't prove the latter so they would have to accept the former until there is evidence to the contary.

I don't see how the insurance company can avoid paying up, they might stall it for a while in hopes of reaching a settlement, but if it goes to court they will have no option.

Well it took about seven years for Natalee to be declared deceased and it took many years for Max De Vries and for his case to be officially closed. No question the insurance company will have their own investigation and this is wishful thinking on Giordanos part that this claim will be paid out anytime soon,especially after 10 months and under very suspicious circumstances. Pretty cocky,arrogant and obviously desperate on their part to launch this lawsuit so soon. IMO..Not only that but I do believe the Aruban Authorities would love to throw a monkey wrench in his plans and would do enough in cooperation with that insurance company.

Some people close to this case are absolutely disputing that she is deceased and I disagree totally with you. What the MSM,NE and Aruban authorities put out is a absolute joke and there is absolutely no evidence she drowned or was murdered. While Human Trafficking seems to be stretch for some I think it's a very real possibility Robyn was in on this scam with a couple of Giordano's wealthy swinger friends that have connections both in Venezuela,Colombia and elsewhere. Quite a few factors lead me to believe this especially Robyn's own behavior and her relationships with those close to her ;)
 
Well it took about seven years for Natalee to be declared deceased and it took many years for Max De Vries and for his case to be officially closed. No question the insurance company will have their own investigation and this is wishful thinking on Giordanos part that this claim will be paid out anytime soon especially after 10 months. Pretty cocky,arrogant and obviously desperate on their part to launch this lawsuit so soon. IMO

Some people close to this case are absolutely disputing that she is deceased and I disagree totally with you. What the MSM,NE and Aruban authorities put out is a absolute joke and there is absolutely no evidence she drowned or was murdered. While Human Trafficking seems to be stretch for some I think it's a very real possibility Robyn was in on this scam with a couple of Giordano's wealthy swinger friends that have connections both in Venezuela,Colombia and elsewhere. Quite a few factors lead me to believe this especially Robyn's own behavior and her relationships with those close to her ;)



Just to clarify...

You think Robyn aided in her own disappearance to share in the insurance money
 
[/B]


Just to clarify...

You think Robyn aided in her own disappearance to share in the insurance money

Hello Dushi

I think it's the most likely scenario out of everything that we have discussed here at Websleuths. You know hard evidence is a difficult thing to come by and proving this is extremely difficult. But there is a ton of things that have happened behind the scenes both before and after Robyn vanished that lead me to believe this. JMHO
 
Hello Dushi

I think it's the most likely scenario out of everything that we have discussed here at Websleuths. You know hard evidence is a hard thing to come by and proving this is very difficult but there is a ton of things that have happened behind the scenes both before and after Robyn vanished that lead me to believe this. JMHO

Hi Blueskies, Long time no see

I appreciate your thoughts
Could you elaborate on the behind the scenes thing?
 
I am very surprised that there seems to be other who are thinking along the same lines as you are... involved in her own disappearance.

I assume if they are thanking you, they agree.

If you recall, this was brought up some time ago. I don't think it went over well....
 
I am very surprised that there seems to be other who are thinking along the same lines as you are... involved in her own disappearance.

I assume if they are thanking you, they agree.

If you recall, this was brought up some time ago. I don't think it went over well....

Strange, isn't it that the other case involving the disappearance of Linda Reed, has the same questions regarding a possible staged disappearance.
 
Strange, isn't it that the other case involving the disappearance of Linda Reed, has the same questions regarding a possible staged disappearance.

Yes

With money as the main motive

But no prime suspect in that picture
 
Hi Blueskies, Long time no see

I appreciate your thoughts
Could you elaborate on the behind the scenes thing?

That's a difficult thing for me to do right now because they all read here. I really wish I could lay it all out and let you form your own opinion about EVERYTHING and EVERYONE. I will forever believe GG had help and I have good reason to believe this and it's a major factor in why I have formed this opinion.

Let's just look at Robyn for once and please don't get mad at me as Robyn fully could be a victim in all of this. What exactly did she have that she couldn't leave behind besides her dog and her brother that she just started talking to again after many years? She hasn't had a relationship with her mother in what almost a decade? What exactly has her parents done to help find her? If they did find the truth and found out their daughter was in on a scam do you think they would do anything about it? What exactly did she have in Maryland besides a controlling abusive boyfriend,no money,no job and no family?

Obviously her relationship with RF was rocky at best and yes they both have had abusive relationships with others and in their own relationship. How controlling was he towards her? Was she involved in a swingers club previously with Giordano and is it really that shocking she went to Aruba with GG and what she did there with him? Honestly I don't think RF or her roommate were 100% honest with MSM in their interviews about Robyn. Her roommate was way to quick to declare her dead and give away all her belongings. Of course she went out on a all out attack on Richard. The ONLY person close to Robyn who made a monumental effort to find her.

Was she broke as well? What money did she have and how much longer could she go to Richard or others for $$ to live her current lifestyle and keep that expensive car she had? Obviously it wasn't going to be GG as had no money and was living WAY over his head as well! Was Robyn the type that liked money,fine dining and the finer things in life? Of course! This was a lady that once said what she wanted most was to be famous. Obviously that wasn't going to happen in her modeling career as she had no chance of having a career like her roommate who she appeared to try and emulate. Those photo's of her with the boob job,tats,hair extensions etc etc..Showed to me she was desperate!

Giordano is a HUGE scammer and I fully think it's a possibility she wanted away from Richard and would love a chance at getting hundreds and hundreds of thousands of dollars to spend or even up to a million. Normally scammers and con artists don't turn to murder they plan bigger and more thought out jobs. JMHO
 
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