(810 ILCS 5/2A-531) (from Ch. 26, par. 2A-531)
Sec. 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 | ||
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(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 or her suit or settlement,
subject to his or her 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.
(Source: P.A. 87-493.)
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