Sec. 2A.218. INSURANCE AND PROCEEDS. (a) 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.
(b) 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.
(c) Notwithstanding a lessee's insurable interest under Subsections (a) and (b), the lessor retains an insurable interest during the existence of the lease contract.
(d) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
(e) 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.
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter B. Formation and Construction of Lease Contract
Section 2A.201. Statute of Frauds
Section 2A.202. Final Written Expression; Parol or Extrinsic Evidence
Section 2A.203. Seals Inoperative
Section 2A.204. Formation in General
Section 2A.206. Offer and Acceptance in Formation of Lease Contract
Section 2A.208. Modification, Rescission and Waiver
Section 2A.209. Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2A.210. Express Warranties
Section 2A.212. Implied Warranty of Merchantability
Section 2A.213. Implied Warranty of Fitness for Particular Purpose
Section 2A.214. Exclusion or Modification of Warranties
Section 2A.215. Accumulation and Conflict of Warranties Express or Implied
Section 2A.216. Third-Party Beneficiaries of Express and Implied Warranties
Section 2A.217. Identification
Section 2A.218. Insurance and Proceeds