Indemnity Insurance Co. of North America v. United States

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge DUNCAN and Senior Judge HOWARD joined.

OPINION

HAMILTON, Senior Circuit Judge:

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the “Lady D,” resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of a stability proof test performed on…