§ 30-2A-220 — Effect Of Default On Risk Of Loss

30-2A-220 . Effect of default on risk of loss. (1) When 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, the lessee, to the extent of any deficiency in its 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 its effective insurance coverage, may treat the risk of loss as resting on the lessee for a commercially reasonable time.

Legislative History

En. Sec. 35, Ch. 410, L. 1991; amd. Sec. 889, Ch. 56, L. 2009.