united-states contract-law legal-terms
What is my relationship with a service company contracted by my insurance company?
<p>I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my warranty company. My home warranty company dispatched a technician from a service company to take care of it. I paid my warranty company a service fee, which I think of as a deductible in an insurance policy.</p>

<p>Since I didn't pay the service company directly, legally am I still a client of the service company? I was told by them that I do not have a client relationship with them as the warranty company was the client in this transaction. Is that correct? I am curious what legal terms/concepts are applicable in this situation and if I have a legal relationship with a service company which provides service on properties I own but is not paid by me.</p>

<h2>None</h2>

<p>The contractual chain is you <em>&lt;-></em> warranty company <em>&lt;-></em> (potentially others you don’t know about) <em>&lt;-></em> service provider.</p>

<p>Should something go wrong, you would sue your warranty company who might (it is up to them) then sue the service provider. Notwithstanding, it’s likely the service company owes you a duty of care and would be directly liable to you for a negligence claim.</p>

<p>I wrote this answer before the OP added the U.S. tag. Thus this answer doesn't apply any more.</p>

<p>I'll dilate on Dale M's <a href="https://law.stackexchange.com/questions/44816/what-is-my-relationship-with-a-service-company-contracted-by-my-insurance-compan#comment84605_44817">comment</a> that's alluding to the <a href="https://en.wikipedia.org/wiki/Contracts_(Rights_of_Third_Parties)_Act_1999" rel="nofollow noreferrer">Contracts (Rights of Third Parties) Act 1999</a>. I'll quote England textbooks that present it better than I can.</p>

<p><a href="https://www.uclan.ac.uk/staff_profiles/richard-taylor.php" rel="nofollow noreferrer">Richard</a> and <a href="https://www.slaughterandmay.com/who-we-are/partners/damian-taylor/" rel="nofollow noreferrer">Damian</a> Taylor. <a href="https://global.oup.com/academic/product/contract-law-directions-9780198836599?&amp;lang=en&amp;" rel="nofollow noreferrer"><em>Contract Law Directions</em> (2019 7 ed)</a>.  p 82.</p>

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<p>Poole, Shaw-Mellors. <a href="https://www.amazon.co.uk/Contract-Law-Concentrate-Jill-Pool/dp/0198840446/ref=dp_ob_title_bk" rel="nofollow noreferrer"><em>Contract Law Concentrate</em> (4 ed 2019)</a>. p 82.</p>

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