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§ 2A-220. Effect of default on risk of loss

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 2a. Leases (Refs & Annos)
Subtitle 2. Formation and Construction of Lease Contract (Refs & Annos)
MD Code, Commercial Law, § 2A-220
§ 2A-220. Effect of default on risk of loss
Currentness
(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 (or she) to the extent of any deficiency of his (or her) 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 (or her) effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.

Credits

Added by Acts 1994, c. 535, § 1, eff. Jan. 1, 1995.
MD Code, Commercial Law, § 2A-220, MD COML § 2A-220
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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