U.S. High Court Will Not Hear Real Estate Developer’s COVID-19 Coverage Action

WASHINGTON, D.C. — The U.S. Supreme Court has declined to review rulings from a Maryland federal court and the 4th Circuit U.S. Court of Appeals 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.

The high court denied The Cordish Companies Inc.’s petition for certiorari on Dec. 12, leaving in place the lower courts’ opinions that mere “loss of use” of a property, without physical damage, does not trigger coverage.

Cordish operates 97 commercial properties throughout the United States, …