18 August 2014 Insurance

Film company sues New York Marine for $1.6m

The producer of a planned Gregg Allman biopic film has filed a lawsuit with Los Angeles Superior Court accusing New York Marine and General Insurance of allegedly refusing to pay more than $1.6 million in losses stemming from a deadly on-set accident.

Film Allman is suing New York Marine for breach of contract following the incident that killed one crew member and injured several others in February. The motion picture producer says it was forced to shut down and then restart production after the accident and that New York Marine’s alleged refusal may mean abandonment of the project.

“Despite that Film Allman’s losses are clearly covered under the policy that New York Marine issued in connection with 'Midnight Rider’, New York Marine has refused to pay the claim pursuant to an agreed-upon payment schedule," attorneys for Film Allman said in the 12-page complaint.

“Even worse, New York Marine unjustifiably has taken the position that the policy no longer will insure 'Midnight Rider' on a forward-going basis and has threatened to cancel the policy altogether, thereby leaving Film Allman without any insurance coverage for the restarted production.”

The train accident took the life of crew member Sarah Jones and caused the film’s director to suffer physical injuries and post-traumatic stress disorder. Miller was "psychologically unable to continue filming" for several months, the plaintiff alleges.

Film Allman also said it had also notified ProSight Specialty Insurance Group, New York Marine’s managing agent, of the accident and provided ProSight’s claims adjuster with data on the shutdown and start-up costs that were incurred.

Representatives for the parties didn’t immediately return request for comment.

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