§490:7-302  Through bills of lading and

similar documents of title.  (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

an 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 for 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 the 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 obligation 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. [L 2004, c 163, pt of §1]