Md. Federal Judge Asks State High Court to Address COVID-19 Coverage Question

BALTIMORE — A Maryland federal judge has asked the state high court to answer a question regarding “physical loss or damage” in a COVID-19 coverage action filed against Factory Mutual Insurance Co. by the owner of Coach, Kate Spade, and Stuart Weitzman, noting the term is undefined in all-risk policies.

On April 25, Judge George L. Russell III of the U.S. District Court for the District of Maryland certified the question of whether coverage is triggered when COVID-19 that is present in the indoor air of a property damages the property or causes loss of use.

The judge agreed with …