West Virginia Code § 46-7-302

Through bills of lading and similar documents of title
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(a) The issuer of a through bill of lading, or other document of title embodying an
undertaking to be performed in part by a person acting as its agent or by a performing
carrier, is liable to any person entitled to recover on the bill or other document for any
breach by the other person or the performing carrier of its obligation under the bill or other
document. However, to the extent that the bill or other document covers ane undertaking to
be performed overseas or in territory not contiguous to the continental United States or an
undertaking including matters other than transportation, this liability fror breach by the
other person or the performing carrier may be varied by agreement of the parties.
(b) If goods covered by a through bill of lading or other document of title embodying an
undertaking to be performed in part by a person other than tthe issuer are received by that
person, the person is subject, with respect to its own performance while the goods are in its
possession, to the obligation of the issuer. The person's obligation is discharged by delivery
of the goods to another person pursuant to the bill or other document and does not include
liability for breach by any other person or by the issuer.
(c) The issuer of a through bill of lading or other document of title described in subsection
(a) is entitled to recover from the performing carrier, or other person in possession of the
goods when the breach of the obligagtion under the bill or other document occurred:
(1) The amount it may be required to pay to any person entitled to recover on the bill or
other document for the breach, as may be evidenced by any receipt, judgment, or transcript
of judgment; and
(2) The amount of any expense reasonably incurred by the issuer in defending any action
commenced by any person entitled to recover on the bill or other document for the breach.

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