Avemco Insurance Company, and Lynn U. Goodfellow v. Cessna Aircraft Company

I respectfully dissent.

The majority opinion correctly notes that state law governs the substantive rights of the parties in this diversity litigation. Specifically, the opinion properly relates the basic state-law principle that a subrogee stands in the same position as an assignee — “in the shoes of the subrogor or assignor.” Slip op. at 4. The opinion essentially adopts Cessna’s conclusion that since an insurer as subrogee has no greater rights than the subrogor and because Goodfellow failed to assert as a counterclaim the claim for indemnity or contribution against Cessna (now asserted by…