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Thread: A non client taking me to court

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    Default A non client taking me to court

    As a contractor for an insurance company i replaced some flooring in a flat, i have many disagreements with the homeowner and she is now taking me to court. The insurance company instructed me and paid me, can the homeowner take me to court if she was never my client ?

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    So this sounds like a basic 3rd party beneficiary question.
    Follow me here.... the insurance company contracted with you to replace the floors of a 3rd party that the insurance company owed a duty to.
    So the insurance company contracted you on her behalf because they have to make good on their insurance contract with her.
    As a result she is a creditor 3rd party beneficiary to the contract and can stand in the shoes of the insurance company and can sue in order to get the benefits of the agreement between you and the insurance company.

    So the answer is yes she could have standing to bring an action in court.

    For more information please Google 3rd party beneficiary contracts.

    Sorry for the bad news.
    Phillip Zagotti
    Partner - Zagotti & Burdette CPA, LLC

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