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Ark. Code Ann. § 4-2-501

Insurable interest in goods — Manner of identification of goods

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Applied in 2 court decisions — leading case P & O Nedlloyd, Ltd. v. Sanderson Farms, Inc. (2006)

Most recently applied in P & O Nedlloyd, Ltd. v. Sanderson Farms, Inc. (August 2006)

Acts 1961, No. 185, § 2-501; A.S.A. 1947, § 85-2-501.

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non-conforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs when the contract is made if it is for the sale of goods already existing and identified;

(2) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;

(3) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve (12) months after contracting or for the sale of crops to be harvested within twelve (12) months or the next normal harvest season after contracting whichever is longer.

(4) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.

(5) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.