(1) 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, the lessor has a right of action against the third party and the lessee also has a right of action against the third party if the lessee:
(a) Has a security interest in the goods;
(b) Has an insurable interest in the goods; or
(c) 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.
(2) 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 plaintiff’s suit or settlement, subject to the plaintiff’s own interest, is as a fiduciary for the other party to the lease contract.
(3) Either party with the consent of the other may sue for the benefit of whom it may concern. [1989 c.676 §78]
_______________
Section: Previous 72A.5180 72A.5190 72A.5200 72A.5210 72A.5220 72A.5230 72A.5240 72A.5250 72A.5260 72A.5270 72A.5280 72A.5290 72A.5295 72A.5300 72A.5310Last modified: August 7, 2008