No Coverage Triggered, Maryland High Court Answers In Coronavirus Coverage Suit

Mealey's (January 10, 2023, 4:26 PM EST) -- ANNAPOLIS, Md. — Answering a certified question from a Maryland federal court, the Maryland Supreme Court concluded that when a first-party, all-risk commercial property insurance policy insures “all risks of physical loss or damage” to an insured’s property from any cause unless excluded, coverage is not triggered “when a toxic, noxious, or hazardous substance—such as Coronavirus or COVID-19—is physically present in the indoor air of that property; is also present on, adheres to, and can later be dislodged from physical items on the property; and causes a loss, either in whole or in part, of the functional use of the property.”...