By Debbie Emery - Breaking Celebrity News Reporter

The sole suspect in the disappearance of Maryland woman Robyn Gardner is now trying to cash in by suing AmEx Assurance Company for a $3.5 million life insurance policy that he took out on her, and Breaking Celebrity News has an exclusive reaction to Gary Giordano's latest low blow.

According to court documents, the 51 year-old businessman from Gaithersburg, Maryland, says Gardner, 35, is presumed dead and American Express should pay the full death benefit, reported NBCWashington.com.

However AmEx has stated that when someone is presumed dead, a claim is not evaluated until 365 days after the incident, which is still two months away, and Gardner's boyfriend is shocked that Giordano has had the brashness to cash in on Robyn's disappearance when so much is still unknown.

"It upsets me that he is trying to exploit her," Richard Forester told Breaking Celebrity News in an exclusive interview on Monday. "There has been no declaration of death so this is just a ridiculous lawsuit.

"I feel it is awful that he is trying to cash in on her disappearance and it supports the negative public view of him," explained Forester, who added that at least Giordano's greedy actions will keep Robyn's name out there and make sure people don't forget about her.

"The original policy was for $1.5 million and now it is $3.5 million, I don't know where the extra claim has come from but maybe he is hurting financially, I don't think he'll get the money either way," Forester added.