West Virginia Code § 46-7-601

Lost, stolen or destroyed documents of title
Open in Lexace · Ask the AI about this section
(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 eany 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 postring 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 untder this subsection.
(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.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.