ARTICLE · 08 AUGUST 2025

Lawsuits Alleging Misconduct Based On Flawed Testing Procedures Deemed Not "Related Claims"

Wiley Rein

Explore more from Wiley Rein

The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute "related claims" under the relevant professional liability policy.

United StatesInsurance

The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute "related claims" under the relevant professional liability policy. Navigators Specialty Ins. Co. v. Avertest, LLC, 2025 WL 2025365 (E.D. Va. July 18, 2025).

The insured, a provider of drug testing services, maintained claims-made professional liability policies for the 2021-2022 and 2022-2023 policy periods, issued by different insurers. In 2021, the insured tendered a lawsuit (the "2021 Action") under the 2021-2022 policy period (the "2021 Policy") alleging that the insured's testing practices led to false positives. In 2022, the insured tendered a subsequent lawsuit (the "2022 Action") under the 2022-2023 policy period (the "2022 Policy"). The insurer for the 2022-2023 policy period sought a declaration that the 2021 and 2022 Actions

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

How Do Life Insurance Appeals Work? What To Do After A Claim Denial

United StatesInsurance

Morgan & Morgan

Fashion Advertising Case Highlights Insurance Coverage Opportunities And Pitfalls

United StatesInsurance

Massachusetts Appeals Court Affirms Chapter 93A Liability For Delayed Disability Insurance Benefits

United StatesInsurance

Greenberg Traurig

False Claims Act Insurance Coverage: Court Rejects Exclusion For $7.6 Million Settlement

United StatesInsurance

Insurance And Contingency Planning In Antarctic Cruising: What Operators Must Navigate

United StatesInsurance

Holland & Knight

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Insurance & Reinsurance

See more popular content from

Insurance

Privacy, Cyber & Data Strategy Advisory | NAIC Summer Meeting Sharpens Focus On AI, Data, And Technology Governance

The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin

United StatesInsurance

Alston & Bird LLP

AI Regulation In Insurance: A Crossroads

As artificial intelligence development accelerates and safety concerns mount, state insurance regulators are advancing comprehensive examination frameworks to govern AI use in the insurance industry. The National Association of Insurance Commissioners nears completion of its AI Risk Evaluation Supplement, which will establish standardized oversight procedures for insurers' AI governance practices across market conduct and financial examinations.

United StatesInsurance

McDermott Will & Schulte

Cyber Insurance Decoded: What Your Policy Actually Covers, What It Excludes, And How To Maximize Your Protection

A data breach exposes thousands of customer records. An employee falls for a phishing email and wires $200,000 to a fraudulent account. A vendor’s compromised software infects your network.

United StatesInsurance

Ward and Smith, P.A

Florida Appellate Court Finds Unaccrued And Premature Third-Party Bad-Faith Claim Filed In Violation Of Nonjoinder Statute Must Be Dismissed, Not Abated

A Florida appellate court found that an unaccrued and premature third-party bad-faith claim filed before a settlement or verdict against the insured is in direct violation of the nonjoinder statute ...

United StatesInsurance

Phelps Dunbar LLP

US NAIC Summer 2026 National Meeting Highlights: Natural Catastrophe Risk And Resilience (EX) Task Force

The Natural Catastrophe Risk and Resilience Task Force of the US National Association of Insurance Commissioners convened to address the escalating challenges of catastrophe risks facing insurance markets. Key discussions centered on developing standardized mitigation programs, expanding flood insurance awareness, and scaling resilience initiatives like FORTIFIED home designations. The meeting also examined the evolving property/casualty reinsurance market and explored new hemispheric partnerships to streng

United StatesInsurance

Is Your PFAS Coverage At Risk? An Ohio Federal Court Ruling Opens The Door To Broader Insurer Denials

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.

United StatesInsurance

Benesch, Friedlander, Coplan & Aronoff LLP

Contractual Liability Exclusion Must Be Assessed Against Each Cause Of Action Separately, Not Applied Wholesale Where Multiple Claims Are Pleaded In One Action

The Ninth Circuit Court of Appeals examined whether a directors' and officers' liability policy's contractual liability exclusion could bar coverage for an entire multi-count lawsuit, or whether each legally distinct cause of action—breach of contract, fraud, and quantum meruit—must be assessed separately against the exclusion's terms. The decision addresses the critical question of how insurers must apply policy exclusions when a single complaint pleads multiple claims arising from the same und

United StatesInsurance

Verisk/Eagleview Merger Derailed By FTC Challenge

On December 16, Verisk Analytics, a leading provider of data analytics and related services to the insurance industry, including rooftop aerial measurement products, announced that it was terminating its efforts to acquire EagleView Technologies, an aerial image provider whose product is utilized in rooftop aerial measurement products.

United StatesInsurance

Dickinson Wright PLLC

What Is An "Aggregate Limit" And Why Is It Important?

The aggregate limit applies to both indemnity payments and defense costs incurred on the insured's behalf.

United StatesInsurance

Phelps Dunbar LLP

Filling Out A Cyber Insurance Policy Application: Do Not Give Insurers A Material Misrepresentation Defense

As the risks associated with cyber liability continue to evolve, so do the insurance products that are theoretically meant to protect against those risks.

United StatesInsurance

Perkins Coie LLP