American Home Assurance Company and Westminster Insurance Managers, Inc. v. Cessna Aircraft Company

BREITENSTEIN, Circuit Judge.

In this diversity action, the insurors of the pilot and the owners of an airplane seek indemnity from the manufacturer of the plane for amounts paid under their policy for injuries and damages arising out of the crash of the plane. The trial court sustained the manufacturer’s motion to dismiss on the ground that indemnity was not recoverable under Montana law. We reverse.

Technical defects in the record caused us to require the parties to address the question of whether a final appealable order is before us for review. They have done so. We are now convinced that…