Greetings, My question is if the liability of a home warranty company extends beyond the home owner to the tenant/renter of the covered home.
The warranty is in the name of the home owner. A/C stopped working in the covered home. The temerature in the home reaches 90+ degrees without the A/C working, making it uninhabitable. As a result, tenant/renter was displaced and rented a hotel room. State law provides recoverery of the cost of suitable housing at a rate of not more than 25% above the periodic rate. The daily rate is $30, so tenant's maximum allowance is $37.50 per day.
Home owner has made attempts by way of the warranty company to resolve the issue, and so cannot be viewed as being neglegent. If it can successfully be argued that the warranty company acted with neglegence, does the tenant have a cause of action against the warranty company directly?