Fortis has argued the government is partly responsible for the 2001 Selby rail crash, and ought to pay part of the claims, according to a report.
The argument came during a case at the High Court in London launched by Selby to win a contribution towards compensation claims resulting from the crash, said the report.
Fortis, who insured driver Gary Hart, is suing the government, claiming it was negligent in its construction in its construction of an M62 bridge in 1974, by building a fence which was too short to prevent the disaster, the report said.
Lord Grabiner QC, representing Fortis, told the court: "A hazard of exceptionally high consequences was created in the bridge," the report continued.
Fortis has already paid out over £22m for the incident, with more claims expected, said the report.
Ten people died when Hart fell asleep at the wheel of his Land Rover and landed on a rail line, derailing a GNER train.
