The insured sued its real property insurer seeking coverage for both the costs of repairing a damaged building and for the building's post-repair diminution in value. The United States Court of Appeals for the Eleventh Circuit certified to the Georgia Supreme Court a question of state law on the subject of coverage for diminution in value claims. This case is Royal Capital Development v. Maryland Casualty Company, 728 S.E.2d 234 (Ga. 2012). 

Royal Capital owns an eight-story commercial building in Atlanta and purchased a commercial property insurance policy from Maryland Casualty on the building. After construction activity on an adjacent property caused physical damage to the building, Royal submitted a claim to Maryland Casualty. The insurer paid the physical damage claim but refused to acknowledge any responsibility to compensate the insured for the claim of diminution in value.

The insured filed a lawsuit and the insurer had the case removed to the United States District Court. That court granted summary judgment to the insurer and this appeal followed.