WVC 46 - 7 - 601
Part 6 - Warehouse Receipts and Bills of Lading: Miscellaneous Provisions.
§46-7-601. Lost, stolen or destroyed documents of title.
(a) If a document of title is lost, stolen, or destroyed, a
court may order delivery of the goods or issuance of a substitute
document and the bailee may without liability to any person comply
with the order. If the document was negotiable, a court may not
order delivery of the goods or issuance of a substitute document
without the claimant's posting security unless it finds that any
person that may suffer loss as a result of nonsurrender of
possession or control of the document is adequately protected
against the loss. If the document was nonnegotiable, the court may
require security. The court may also order payment of the bailee's
reasonable costs and attorney's fees in any action under this
(b) A bailee that, without a court order, delivers goods to a
person claiming under a missing negotiable document of title is
liable to any person injured thereby. If the delivery is not in
good faith, the bailee is liable for conversion. Delivery in good
faith is not conversion if the claimant posts security with the
bailee in an amount at least double the value of the goods at the
time of posting to indemnify any person injured by the delivery
which files a notice of claim within one year after the delivery.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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