4th Cir. Declines to Certify COVID-19 Coverage Questions to Md. High Court
October 25, 2021
BALTIMORE — The 4th Circuit U.S. Court of Appeals has denied a real estate developer’s request to certify COVID-19 coverage questions to the Maryland Supreme Court and declined the developer’s alternate request to expedite its appeal.
In a Sept. 29 motion, Cordish Companies Inc. sought to certify the question of whether the presence of a potentially deadly virus like SARS-CoV-2 in the air or on surfaces at a property constitutes “physical loss or damage” to such property for coverage purposes.
In addition, Cordish wanted the 4th Circuit to certify the question of whether under a policy that excludes certain losses …