Royal Capital Development, Llcv.Maryland Casualty Company
Royal Capital Development insured an eight-story commercial building in Atlanta with Maryland Casualty. After construction next door physically damaged the building, the insurer paid more than $1.1 million for repairs but refused to pay for the building’s alleged residual diminution in value caused by stigma. The federal district court held that Georgia’s rule requiring diminution-in-value damages did not apply to commercial real-property insurance and granted the insurer summary judgment. The Eleventh Circuit certified the unsettled state-law question to the Supreme Court of Georgia. The Georgia Supreme Court answered yes: its decision in State Farm v. Mabry is not limited to automobiles. Under Georgia law, an insurer’s obligation to pay for physical loss includes lost value, and repair costs may sometimes be combined with diminution in value when repairs do not fully restore the property. The court disapproved contrary reasoning in City of Atlanta v. Broadnax, while emphasizing that the specific contract language still governs recoverability. The Eleventh Circuit therefore reversed the district court’s judgment and remanded for further proceedings under the Georgia Supreme Court’s interpretation. All Georgia Supreme Court justices concurred.
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