Sec. 2A531.
(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, (i) the lessor has a right of action against the third party, and (ii) the lessee also has a right of action against the third party if any of the following apply to the lessee:
(a) Has a security interest in the goods.
(b) Has an insurable interest in the goods.
(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, his or her suit or settlement, subject to his or her 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.
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-5 - Part 5 Default (440.2951...440.2982)
Section 440.2952 - Notice of Default or Enforcement.
Section 440.2954 - Liquidation of Damages; Reasonableness; Restitution; Setoff.
Section 440.2957 - Damages Based on Market Rent.
Section 440.2962 - Rejection of Goods in Lessee's Possession; Rights and Obligations of Lessee.
Section 440.2965 - Acceptance of Goods; Opportunity to Inspect; Conduct; Accepting Part of Unit.
Section 440.2968 - Default by Lessor; Cover; Damages.
Section 440.2970 - Default by Lessor; Incidental and Consequential Damages.
Section 440.2971 - Specific Performance.
Section 440.2974 - Additional Rights of Lessor Aggrieved Under MCL 440.2973(1).
Section 440.2978 - Retention or Disposition of Goods by Lessor; Damages.
Section 440.2980 - Incidental Damages.