Question:

In admiralty law, if pirated Vessel A allides w/ Lighthouse B, would Insurer A be liable & pay Ins. B's loss?

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In US admiralty (maritime) law:

Vessel A is pirated (hijacked). The pirates crash Vessel A into Lighthouse B.

Vessel A is insured by Insurer A. Lighthouse B is insured by Insurer B.

Insurer B compensates the owner of Lighthouse B for the loss.

Insurer B recalls that under US admiralty law "a vessel that allides with a fixed object (unless it is submerged) is presumed at fault." The liability seems clear except for the fact that Vessel A was hijacked and not controlled by its owner when the loss occurred.

Insurer B would like to subrogate his loss if possible. Would it be reasonable for Insurer B to sue Insurer A to transfer the onus of the loss, or does the fact that Vessel A was hijacked preclude that in some way from being a good idea?

Also, would it affect anything if Vessel A had sought a "limitation of liability" (to the cost of the vessel), "having neither privity nor knowledge of the circumstances causing the casualty" in a timely manner?

Fictional scenario. Thank you.

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  1. No, insurer A is not on the hook for damage to lighthouse B, because of the hijacking.   Insurer B can't subrogate.  Or they can, but they have to go after the pirates.

    The limitation of liability is irrelevant in this situation.

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