While an insured can't be penalized for not filing a claim related to a sealed qui tam action within a certain policy period, the insurance company can deny coverage based on the "prior or pending" litigation exclusion in the policy even though the insured wasn't aware the sealed action was pending, a Philadelphia judge has ruled.
AmerisourceBergen Denied Coverage in $17.6 Mil. Dispute
The Legal Intelligencer
July 26, 2013