§ 2A220. Effect of default on risk of loss.
(a) Default by lessor.--Where risk of loss is to pass to the lessee and the time of passage is not stated:
(1) 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.
(2) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
(b) Default by lessee.--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 effective insurance coverage, may treat the risk of loss as resting on the lessee for a commercially reasonable time.
Cross References. Section 2A220 is referred to in section 2A219 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 2A2 - Formation and Construction of Lease Contract
Section 2A201 - Statute of frauds
Section 2A202 - Final written expression: parol or extrinsic evidence
Section 2A203 - Seals inoperative
Section 2A204 - Formation in general
Section 2A206 - Offer and acceptance in formation of lease contract
Section 2A207 - Course of performance or practical construction (Deleted by amendment)
Section 2A208 - Modification, rescission and waiver
Section 2A209 - Lessee under finance lease as beneficiary of supply contract
Section 2A210 - Express warranties
Section 2A212 - Implied warranty of merchantability
Section 2A213 - Implied warranty of fitness for particular purpose
Section 2A214 - Exclusion or modification of warranties
Section 2A215 - Cumulation and conflict of warranties express or implied
Section 2A216 - Third party beneficiaries of express and implied warranties
Section 2A217 - Identification
Section 2A218 - Insurance and proceeds