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§12A-2A-220.
§12A-2A-220.
EFFECT OF DEFAULT ON RISK OF LOSS
(1) Where risk of loss is to pass to the lessee and the time of
passage is not stated:
(a) 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.
(b) 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.
(2) 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.
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