(1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.
(2) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.
(3) Notwithstanding a lessee's insurable interest under subsections (1) and (2) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.
(4) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
(5) The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance.
1991, c. 536.
Structure Code of Virginia
Title 8.2A - Commercial Code - Leases
§ 8.2A-202. Final written expression: parol or extrinsic evidence
§ 8.2A-204. Formation in general
§ 8.2A-206. Offer and acceptance in formation of lease contract
§ 8.2A-208. Modification, rescission and waiver
§ 8.2A-209. Lessee under finance lease as beneficiary of supply contract
§ 8.2A-210. Express warranties
§ 8.2A-212. Implied warranty of merchantability
§ 8.2A-213. Implied warranty of fitness for particular purpose
§ 8.2A-214. Exclusion or modification of warranties
§ 8.2A-215. Cumulation and conflict of warranties express or implied
§ 8.2A-216. Third-party beneficiaries of express and implied warranties
§ 8.2A-218. Insurance and proceeds