PITTSBURGH -- An insurance company is suing to keep victims of last year’s shootings at an LA Fitness club from collecting on the gunman’s policy.

George Sodini, who killed three women and wounded nine others before turning the gun on himself last August at an LA Fitness in Collier Township, PA, had a homeowner’s policy that included $100,000 in personal liability coverage. Victims and survivors have sued Sodini’s estate and are hoping to collect on that money.

But a judge in Allegheny County (PA) will now decide if State Farm insurance company will pay out the $100,000, according to multiple media reports.

“Insurance policies cover accidents, not intentional acts of conduct,” State Farm spokesperson Doug Griffith said.

Griffith added that putting the liability question to a judge “was in the best interest of all parties.”

The attorney who represents three of the victims, Henry Sneath, disagreed with State Farm’s decision not to pay out the policy.

Sodini’s assets have been liquidated and are worth between $100,000 and $300,000, according to Rebecca Bowman, an attorney for Sodini’s estate. The assets include Sodini’s home, which sold for $100,000 in November. Sneath said that the money will be paid into a court-ordered fund and distributed to victims based on the outcome of court cases.

The University of Pittsburgh last year declined to accept Sodini’s money that he willed to his alma mater.