Michigan Compiled Laws § 440.2501 Special Property And Insurable Interest In Goods; Identification Of Goods.


440.2501 Special property and insurable interest in goods; identification of goods.

Sec. 2501.

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs

(a) when the contract is made if it is for the sale of goods already existing and identified;

(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;

(c) when the crops are planted or otherwise becoming growing crops or the young are conceived if the contract is for the sale of unborn young to be born within 12 months after contracting or for the sale of crops to be harvested within 12 months or the next normal harvest season after contracting whichever is longer.

(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.

(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.


History: 1962, Act 174, Eff. Jan. 1, 1964


Section: 440.2501  440.2502  440.2503  440.2504  440.2505  440.2506  440.2507  440.2508  440.2509  440.2510  440.2511  440.2512  440.2513  440.2514  440.2515  Next

Last modified: October 10, 2016