Real Estate Developer Loses Bid for COVID-19 Coverage in Maryland Federal Court

BALTIMORE — A Maryland federal judge has dismissed a COVID-19 insurance action filed against Affiliated FM Insurance Co. by a real estate developer specializing in sports and entertainment venues, ruling that it did not sustain “direct physical loss or damage” to property.

In an Aug. 31 order, Judge of the U.S. District Court for the District of Maryland rejected Cordish Companies Inc.’s argument that mere “loss of use” triggered coverage, explaining that the term “physical” requires actual damage to the property.

Cordish operates 97 commercial properties throughout the United States, including casinos, dining and entertainment venues, malls, hotels, conference venues, …