United States Aviation Underwriters, Inc. v. United States

This case arises from the crash of a twin-engine aircraft in southern Georgia on March 27, 2003. United States Aviation Underwriters, Inc. and Haulers Insurance Company, Inc. (collectively, “Insurers”) sued the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b)(1), for damages to the aircraft. The Insurers appeal the district court’s May 22, 2008 Order granting summary judgment on behalf of the United States on the grounds that the Insurers’ claims fall within the discretionary function exception to the FTCA’s waiver of sovereign immunity.

The Insurers contend that…