By TERRY SCHERMERHORN in Los Angeles and CLEMENTE LISI in New York

Heath Ledger’s insurance company has refused to pay on his $10 million policy by claiming he died under “suspicious” circumstances – and now wants to quiz his friend Mary-Kate Olsen over his death, a lawsuit filed by the “Dark Knight” star’s estate charges.

Lawyer John LaViolette, who represents the trust set up for Ledger’s 2-year-old daughter, Matilda, has sued ReliaStar Life Insurance Co., accusing it of acting in bad faith by trying to avoid paying the claim and wrongfully snooping into the actor’s life.

The city medical examiner ruled that the 28-year-old “Brokeback Mountain” star died of an accidental overdose of prescription drugs – but probers working for ReliaStar are investigating the possibility he took his own life, which would void the claim.

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NEW YORK – Federal prosecutors have decided not to pursue a possible criminal case into how Heath Ledger obtained the powerful painkillers that contributed to his overdose earlier this year, a law enforcement official Wednesday.

Prosecutors in the U.S. Attorney’s office in Manhattanhad been overseeing a Drug Enforcement Administrationprobe into whether the painkillers found in Ledger’s system were obtained illegally. But the prosecutors have opted to bow out “because they don’t believe there’s a viable target,” said the official, who spoke on condition of anonymity because no charges have been filed.

The decision comes in the wake of recent reports that actress Mary-Kate Olsen was demanding immunity before answering questions about the startling death of her close friend and his drug use. Authorities say she was the first person called by a masseuse who found the 28-year-old “Dark Knight” actor’s lifeless body in his Manhattan apartment.

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NEW YORK, New York – As the investigation surrounding Heath Ledger’s accidental overdose continues, the federal Drug Enforcement Administration office in New York has confirmed to Access Hollywood that they have issued a subpoena that would force Mary-Kate Olsen to testify in front of a grand jury.

Five medications were found in Heath’s body at the time of his death, according to the DEA, three of which he’d obtained via doctors in Texas and Los Angeles. At the center of the investigation is how he acquired Oxycontin and Vicodin without a legal prescription.

The actress was the first person called by the masseuse who discovered Heath’s body after the “The Dark Knight” actor’s untimely death.

She broke her silence for the first time on Monday, when a rep for the actress told Access in a statement that she “had nothing whatsoever to do with the drugs found in Heath Ledger’s home or his body, and she does not know where he obtained them.”

However, despite the rep’s statement that they “have provided the Government with relevant information,” the actress is reportedly refusing to speak to government officials without immunity.

According to Benjamin Brafman, a high-profile defense attorney not associated with the case, seeking immunity is not the same as admitting guilt.

“It may not mean anything other than she’s getting good legal advice,” Brafman told Access.

“You don’t know what the DEA may suspect in this case and I think it’s a cautious way to proceed. I think it would be wrong to assume she’s done something criminal simply because she’s invoking her 5th amendment against self-incrimination.”

Pint-size actress Mary-Kate Olsen has refused to be interviewed by federal investigators probing the accidental drug death of her close friend Heath Ledger unless she receives immunity from prosecution, The Post has learned.

The actress’ lawyer has repeatedly rebuffed attempts by the feds to question Olsen, who was the first person called after her masseuse discovered Ledger’s body in his SoHo apartment in January.

Frustrated federal officials could obtain a grand-jury subpoena to compel the funky “Full House” actress to tell them whatever she knows about the “Dark Knight” star’s behavior, his possible drug use and the events of that fateful morning, according to sources.

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