1. The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and the buyer has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs: a. When the contract is made if it is for the sale of goods already existing and identified. b. If the contract is for the sale of future goods other than those described in subdivision c, when goods are shipped, marked, or otherwise designated by the seller as goods to which the contract refers. c. When the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting, whichever is longer. 2. The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in the seller and, if the identification is by the seller alone, the seller may, until default or insolvency or notification to the buyer that the identification is final, substitute other goods for those identified. 3. Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
41-02-50. (2-502) Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency. 1. Subject to subsections 2 and 3 and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of section 41-02-49 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: a. In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or b. In all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price. 2. The buyer's right to recover the goods under subdivision a of subsection 1 vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. 3. If the identification creating the buyer's special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale.