Med Pay Coverage for Cost to Test Customers For Possible Exposure to Hepatitis A?

An insured's employee has Hepatitis A. The County Health Board has ordered everyone (customers too) to be tested at a cost of $175 each. We have no issue with the testing of employees; that's workers comp. However, the question has become one of Med Pay for the customers, who number in the thousands.

I believe we have an accident but do we have BI? All tests have been negative. We were able to find some old AIDS cases where people went to be tested on their own when they feared that they had been exposed. California courts ruled that such was not BI Here we have a government ordered testing and the government has ordered the insured to pay for them. I can find nothing in recent law that would help. What can you tell me?

Ohio Subscriber

The costs incurred in this case are not covered by the medical payments section of the CGL form because bodily injury (a defined term) did not occur here. Even though the testing was ordered by the government and the insured was ordered to pay them, unless there is evidence that the customers experienced actual bodily injury then the insuring agreement still wasn't met.