Citing ‘Ample State and Federal Authority,’ Federal Judge Declines to Certify COVID-19 Business Interruption Question to State High Court |

A federal judge in Virginia court joined the ranks of other federal courts around the country on the issue of COVID-19 business interruption coverage, refusing to reconsider her previous ruling that the coronavirus did not cause “physical loss or damage” and declining to certify the question to the Virginia Supreme Court.

In a March 10 opinion, the Eastern District Court of Virginia denied Mars Inc.’s motion to reconsider the court’s order dismissing its complaint and declined to certify a question of Virginia law to the Virginia Supreme Court. Mars originally sought a declaratory judgment against its insurer Factory Mutual Insurance Company, asserting the food conglomerate properties suffered “physical loss or damage” due to the presence of COVID-19.

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