Fortis is to appeal against the High Court's decision that the government was not partly responsible for the Selby rail crash in 2001, said a report.
Mr Justice Morland rejected Fortis' argument that the government had failed to provide sufficiently safe barriers on the motorway where Gary Hart drove his car on to the rail track after falling asleep at the wheel.
Fortis had asked for the cost of insurance claims resulting from the tragedy to be partly met by the government.
