Arkansas Code Annotated

Ark. Code Ann. § 4-2-501 (2026)

Insurable interest in goods — Manner of identification of goods

✓ current as of May 2026
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  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
    1. 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.
  2. 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.
  3. Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.

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

Research References

Ark. L. Rev.

Evolving Sales Law: Highlights of the Shifting Landscape of Arkansas Purchasing Law, 57 Ark. L. Rev. 835.

Case Notes

Cited: In re Estate of Spann, 257 Ark. 857, 520 S.W.2d 286 (1975).

Notes of Decisions
Cited in 2 cases, 1992–2006 · leading case: P & O Nedlloyd, Ltd. v. Sanderson Farms, Inc., 462 F.3d 1015 (8th Cir. 2006).
P & O Nedlloyd, Ltd. v. Sanderson Farms, Inc., 462 F.3d 1015 (8th Cir. 2006). · cites it 2× “” Ark. Code Ann. § 4-2-501 (2). In order to determine whether SMG retained any insurable interest in the cargo, we must determine whether title passed from SMG to KVADRO.”
Schieffler v. First Nat'l Bank of Wynne (In Re Peeler), 145 B.R. 973 (Bankr. E.D. Ark. 1992). · cites it 2× “1991) and Ark.Code Ann. § 4-2-501(l)(c) (Repl.1991).”
— Ark. Code Ann. § 4-2-501(l)(c) — 1 case
Schieffler v. First Nat'l Bank of Wynne (In Re Peeler), 145 B.R. 973 (Bankr. E.D. Ark. 1992). “1991) and Ark.Code Ann. § 4-2-501(l)(c) (Repl.1991).”
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