A California federal judge has rendered a big ruling on theinsurance dispute that emanated from the fatal train accidentduring the 2014 shooting of the Gregg Allman biopic MidnightRider in Georgia.

In a summary judgment opinion released on Thursday, the film'sproduction company is denied a bid to force its insurer to coverlosses. U.S. District Judge Otis Wright concludes thatcriminal acts have been properly excluded under the film company'spolicy.

On Feb. 20, 2014, the film crew entered private property toshoot a scene on a railway trestle bridge when a trainbarreling forward at an estimated 57 miles per hour had the crewfrantically fleeing. Unfortunately, camera assistant SarahJones couldn't get away and was killed while others wereinjured.

Involuntary manslaughter, criminal trespass

Midnight Rider director Randall Miller pled guilty to involuntarymanslaughter and criminal trespass and spent time in prison forwhat happened. Meanwhile, Film Allman LLC filed a lawsuitagainst New York Marine and General Insurance Company with theallegation that the defendant had "sabotaged the Film, the verything that it agreed to insure and protect when it issued theProducers Policy to Film Allman."

After many months of discovery, New York Marine argued that itspolicy was clear — that it needn't cover criminal actslike entering upon the property of another after receivingnotice from the owner that such entry is forbidden. The insurerpointed to Miller's guilty plea, admissions to the Occupational Safetyand Health Administration, and depositions from Miller andothers.

In October, the producers came forward with some new evidenceincluding an email sent by an employee at CSX, the train railcompany, that "recalled" a prior message that the MidnightRider producers say had been used by criminal prosecutors andOSHA to indicate that CSX withheld its permission to use itstracks. The producers also pointed to evidence that there wereindividuals from Rayonier present during the filming. Rayonier is agiant timbre company and landowner in the area where the trainaccident happened.

But that's not enough for the judge.

"There is no contention that Film Allman owned the land or thetrain tracks in question," he writes in his opinion. "Thus, theCourt can establish that the land and tracks constitute 'the landor premises of another person.'Specifically, the land was owned byCSX. Film Allman argues that the owner of the tracks is unknown,but the evidence directly contradicts this and supports theconclusion that CSX is the owner."

Wright continues, "In addition, Film Allman's employees receivednotice from CSX prior to entry that such entry was forbidden. FilmAllman's film crew knew that CSX owned the tracks. And, FilmAllman's employees received denials every time they solicitedpermission from CSX to use the tracks, including on the morning ofthe accident. Film Allman's arguments that it was not deniedpermission to film on the tracks prior to the accident areconclusory and unsupported. The evidence shows that Film Allmanemployees knew that they had been denied permission to film on thetracks prior to the accident on February 20, 2014."

Valid exclusion in the insurance policy

The judge then rejects a "semantics arguments" that the presence ofthe train was the intervening cause of the accident, writing,"Without the crew's unauthorized presence on the tracks, theaccident would not have occurred. Any argument to the contraryregarding causation is illogical. In conclusion, the Courtdetermines that there is a valid exclusion in the insurance policyfor criminal acts, and that exclusion was triggered here."

According to an amended complaint, after productionof Midnight Rider derailed, producers revised the scriptto focus on 1970's rock and roll world in general instead of Allmanand looked to Utah as an alternative shooting location. They hopedthat the insurance money would aid them. But the prospects ofcollecting on the insurance policy appears dim after they are nowdenied summary judgment on breach of contract and other claims. Thejudge has also granted the insurer's own summary judgment fordeclaratory relief.

Miller and producer Jody Savin experience another setbacktoday.

With the new evidence, which included an agreementbetween CSX and Rayonier, they wished to be added asplaintiffs to an amended lawsuit alleging the insurer may havewithheld evidence and acted in bad faith. They claimed that thatthe insurer had represented CSX in prior matters without theirknowledge and that one of the insurer's employees had forged a plotduring the criminal proceeds to force them into bankruptcy.

Judge Wright won't allow an amendment to the lawsuit. He citesprocedural infirmities and doesn't believe the producers carriedtheir burden in showing diligence in asserting claims. However, hedoes point out that Miller and Savin can attempt to bring theiraction against New York Marine separately.

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