Legal Question in Business Law in California

Uniform Commercial Code and Security Interest

I own a small insurance brokerage and am involved in a breach of contract case with a large Corporation as the fellow defendant. The corporation, an insurance company, avers that I did not send a request to add a legal owner lienholder to their office as they cannot locate it, however I did send the request by fax and have provided proof to them to that effect. A claim is involved and has been denied to the lienholder because the insurer refuses to acknowledge their status as legal owner.

I am searching for Uniform Commercial Code section(s) that accompany Vehicle Codes 6301, 370, and 5907, pertaining to security interests' rights; and further, that those rights supersede any others with respect to the collateral.

Thank you for your help.


Asked on 8/31/07, 4:22 pm

1 Answer from Attorneys
Gregg Gittler GITTLER & BRADFORD

Re: Uniform Commercial Code and Security Interest

Your question implies that the lawsuit involves a question of auto insurance. Generally, a lienholder who holds the "pink slip" has a perfected security interest in the vehicle. As for the sending of the fax to the insurance company, that is an issue of fact (whether you did or did not), although without knowing all of the issues in the breach of contract case, we cannot tell you what the impact of that fact issue would be.

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Answered on 9/04/07, 5:21 pm


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