Section 2-A-220. Effect of Default on Risk of Loss  


Latest version.
  • (1)  Where  risk  of  loss  is  to  pass to the lessee and the time of
      passage is not stated:
             (a) if a tender or delivery of goods so fails to conform  to  the
                 lease  contract  as to give a right of rejection, the risk of
                 their loss remains with the lessor, or,  in  the  case  of  a
                 finance lease, the supplier, until cure or acceptance.
             (b) if  the  lessee  rightfully revokes acceptance, he or she, to
                 the  extent  of  any  deficiency  in  his  or  her  effective
                 insurance  coverage,  may  treat  the  risk of loss as having
                 remained with the lessor from the beginning.
        (2) Whether or not risk of loss is to  pass  to  the  lessee,  if  the
      lessee  as  to  conforming  goods already identified to a lease contract
      repudiates or is otherwise in default  under  the  lease  contract,  the
      lessor,  or, in the case of a finance lease, the supplier, to the extent
      of any deficiency in his or her effective insurance coverage  may  treat
      the  risk of loss as resting on the lessee for a commercially reasonable
      time.