Real Estate Developer Not Entitled to COVID-19 Coverage, 4th Cir. Affirms

BALTIMORE — The 4th Circuit U.S. Court of Appeals has affirmed that a real estate developer is not entitled to COVID-19 coverage from Affiliated FM Insurance Co. because it did not sustain “direct physical loss or damage” to its insured property.

On April 14, the appellate panel agreed with the U.S. District Court for the District of Maryland that The Cordish Companies Inc.’s temporary loss of use of its properties did not trigger coverage without physical damage.

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