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§12A-2A-531.
§12A-2A-531.
STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS
(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:
(a) the lessor has a right of action against the third party, and
(b) the lessee also has a right of action against the third party if
the lessee:
(i) has a security interest in the goods;
(ii) has an insurable interest in the goods; or
(iii) 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 suit or settlement, subject to his 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.
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