§490:2A-531 Standing to sue third parties for injury to goods. (a) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (i) the lessor has a right of action against the third party, and (ii) the lessee also has a right of action against the third party if the lessee:
(1) Has a security interest in the goods;
(2) Has an insurable interest in the goods; or
(3) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(b) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, the party plaintiff's suit or settlement, subject to the party plaintiff's own interest, is as a fiduciary for the other party to the lease contract.
(c) Either party with the consent of the other may sue for the benefit of whom it may concern. [L 1991, c 40, pt of §1]
Section: Previous 490-2a-524 490-2a-525 490-2a-526 490-2a-527 490-2a-528 490-2a-529 490-2a-530 490-2a-531 490-2a-532 490-3-101 490-3-102 490-3-103 490-3-104 490-3-105 490-3-106 NextLast modified: October 27, 2016