Sec. 2A218.
(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), 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 1 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.
History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 2A - Leases (440.2801...440.2982)
174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)
Section 440.2852 - Final Written Expression; Parol or Extrinsic Evidence.
Section 440.2853 - Effect of Seal Affixed to Writing.
Section 440.2854 - Lease Contract; Sufficiency to Show Agreement; Conduct; Open Terms.
Section 440.2855 - Firm Offer; Assurances to Hold Offer Open.
Section 440.2856 - Offer to Make Lease Contract; Manner of Acceptance; Lapse.
Section 440.2857 - Repealed. 2012, Act 86, Eff. July 1, 2013.
Section 440.2858 - Lease Agreement; Modification or Rescission; Waiver; Retraction.
Section 440.2860 - Express Warranties; Creation.
Section 440.2862 - Implied Warranty of Merchantability; Other Implied Warranties.
Section 440.2863 - Implied Warranty of Fitness for a Particular Purpose.
Section 440.2865 - Inconsistent Warranties; Intent; Rules of Construction.
Section 440.2867 - Lease Contract; Identification of Goods; Absence of Explicit Agreement.
Section 440.2868 - Lease Contract; Insurable Interest in Goods.
Section 440.2869 - Risk of Loss; Passage to Lessee.
Section 440.2870 - Risk of Loss; Repudiation; Default.
Section 440.2871 - Casualty to Identified Goods Before Delivery or Risk of Loss Passes.