'Midnight Rider' Producer Demands Insurer Provide Ongoing Coverage

Film Allman says it is faced with the "prospect of having to abandon 'Midnight Rider' entirely" thanks to $1.6 million in losses
Courtesy of Wayne County Sheriff's Office

A fatal accident on the set of Midnight Rider has led to involuntary manslaughter and criminal trespass charges against producers Jody Savin and Jay Sedrish and director Randall Miller, as well as several lawsuits on behalf of the victims, but the production company still wants to be insured for the "restarted" production.

On Tuesday, Film Allman filed its own civil complaint in L.A. Superior Court against New York Marine and General Insurance Company.

The plaintiff says that the accident on the train tracks in Georgia, which killed camera assistant Sarah Jones, forced the film's shutdown, leading to losses of more than $1.6 million. The production company believes that it is covered under its policy, but says the insurer has refused to pay the claim pursuant to an agreed-upon payment schedule.

According to the suit, "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."

Film Allman says it is faced with the "prospect of having to abandon Midnight Rider entirely" thanks to the "impossible financial predicament – the type of situation that insurance is designed to prevent…"

Besides at least $1.6 million in requested damages, a declaration is sought to provide ongoing insurance coverage for the movie about singer Gregg Allman.

Here's a copy of the full complaint, which provides a copy of the insurance policy as well as some breakdown of some expenses on the film.

E-mail: Eriq.Gardner@THR.com
Twitter: @eriqgardner