In questions of damage to property, the default rule is that the owner bears the loss. This is why you buy insurance policies covering damage to or loss of your property. To recover damages from a third party, the owner must establish that the third party is legally liable for the loss.
If his boat had simply sunk or rendered a total loss due to water damage, there would be no question that Lyons would bear the loss. I don't see an explanation of why his insurance policy didn't cover $12,000 of the replacement value, but perhaps he was underinsured.
Hence the lawsuit against the guy who took it.
If his boat had simply sunk or rendered a total loss due to water damage, there would be no question that Lyons would bear the loss.
Yes. But it didn't.
You all can have the last word; I'm done flogging this horse.