Old Republic Insurance v. Durango Air Service, Inc.

GARTH, Circuit Judge.

This appeal involves the interpretation of two insurance policies after a fatal airplane crash. Although we initially determined that we did not have proper appellate jurisdiction over the matters presented, that infirmity has since been cured by an agreement of the parties to dismiss with prejudice any claims outstanding in the district court. On the merits, we now affirm the district court’s decision granting summary judgment in favor of the Defendants-Appellees.

I

This case arose from an airplane crash on October 10, 1995, in which the pilot, Morten Borcher (“Borcher”),…