Judge Avern Cohn said in his recent decision that the crash of the 1995 F50 sports car was “certainly unfortunate,” but cited a law making the government immune to lawsuits when property is in custody of law enforcement.

Michigan-based Motors Insurance believes an agent and a federal prosecutor were out for a joyride in Lexington, Ky., in 2009 when the agent lost control of the Ferrari. The government has refused to pay for the car, which had been stolen and was being kept as part of an investigation.

The insurance company’s attorney did not immediately return a message seeking comment Monday.