Gary Giordano, the suspect in travel companion Robyn Gardner's disappearance in August, is suing to collect on an insurance policy he took out on her.
Giordano, 51, filled the lawsuit last week against American Express for $3.5 million for failing to pay him the death benefit he says he is entitled to.
Gardner presumably died after her August 2 disappearance but has not been found.
Giordano says the accidental death policy was part of regular travel insurance that not only gave him coverage, but covered his traveling partner as well.
Robyn Gardner's policy is worth $1.5 million.
"When somebody takes out a policy and there is no body, they are required to wait 365 days before making a claim," American Express told ABC News.
That means Giordano won't be eligible to collect until August 2012.
Giordano tried to collect on the policy two days after he notified authorities about Gardner's disappearance, for which he was detained for months in Aruba.
"My lawyer at the time, Michael Lopez, said you need to call insurance immediately," Giordano said, claiming he was just following the standard protocol.
"I've purchased it [travel insurance] many times before. I have children. If I go traveling and I disappear, I want them to be covered, OK?"
An American Express employee who spoke to Giordano, however, later told police: "[Giordano] sounded excited, like he was about to win something."
Richard Forester, Gardner's boyfriend at the time of her disappearance, says the new lawsuit only makes him more suspicious of Gary Giordano.
On an unrelated note, he was arrested for indecent exposure last month.
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