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Cystic Fibrosis Event ~ Pittsburgh, PA - Jason Sheppard/PA
4/11/2008 7:04:07 AM (5415 views)
Re: Cystic Fibrosis Event ~ Pittsburgh, PA - Rob  Robinson/PA
4/11/2008 9:18:56 AM (4104 views)
Re: Cystic Fibrosis Event ~ Pittsburgh, PA - Jason Sheppard/PA
4/11/2008 4:46:05 PM (4151 views)

Just an idea and how hard would it be? - Jay Duncan/MO
4/10/2008 11:13:32 AM (3388 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/10/2008 12:14:34 PM (4134 views)
Abstractor Paid & Listed on HUD-1 - Bobbi Shorthouse, Notary Public/CT
4/10/2008 12:57:27 PM (4248 views)
Re: Just an idea and how hard would it be? - Jay Duncan/MO
4/11/2008 9:14:17 AM (4066 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/11/2008 11:28:07 AM (4052 views)
Re: Just an idea and how hard would it be? - Diane Brewer/SC
4/14/2008 9:38:14 AM (4068 views)

Is there a statute of limitations on a title claim? - DS/NC
4/9/2008 9:49:36 PM (3956 views)
Re: Is there a statute of limitations on a title claim? - Patrick Scott/IL
4/9/2008 11:23:45 PM (4551 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/10/2008 7:33:27 AM (4558 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/10/2008 11:52:22 AM (4641 views)
Re: Is there a statute of limitations on a title claim? - Jason Sheppard/PA
4/10/2008 5:18:29 PM (4374 views)
Re: Is there a statute of limitations on a title claim? - DS/NC
4/12/2008 1:48:34 PM (4261 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/12/2008 4:34:13 PM (4316 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/13/2008 12:42:19 AM (4304 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/14/2008 7:05:46 PM (4128 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/14/2008 11:56:58 PM (4653 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 8:57:13 AM (4229 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/15/2008 12:15:58 AM (4200 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 9:41:14 AM (4084 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/13/2008 7:20:07 AM (4268 views)

I do agree that the insured should notify his insurance carrier of a potential claim as soon as he has been made aware of it. Most insurance policies require prompt and timely notification of claims as condition for coverage. I have seen insurance companies deny claims because an insured was late with notification.

The statute of limitations is intended to eliminate stale claims. While allowing a plaintiff to institute a suit during a reasonable period of time, the statute provides for repose when physical evidence is lost, misplaced or destroyed and witnesses' memories become unreliable with the passage of time.

The various statutes of limitations are not universal absolutes depending upon the language of the statute, its legislative intent and the court's interpretation of the facts of a case. Some states provide for an absolute cut off in time after which a claim can not be asserted. Others are more flexible. I think it is also important to keep in mind the nature of the claim asserted, the identity of the proper party defendant and who will be asserting the claim as a plaintiff.

The liability of the insurance carrier generally relates to the policy holding home owner. The liability of the abstractor usually relates to the party who has hired him/her to perform the title search. However, there may be exceptions...and there are many ways to skin a cat when the plaintiff is looking for a deep pocket to satisfy his claim. With respect to contract claims it is possible that the plaintiff may not have been a signatory to the contract, but rather a beneficiary of the services to be provided by the defendant. This is known as a third party beneficiary. However, it is more difficult for the plaintiff to prove because he would need to show that he was an "intended beneficiary" of the signatories to a contract rather than an "incidental beneficiary" to the contract. The court would generally inquire as to whether he was identified clearly in the contract as a beneficiary and whether the defendant's services were intended to benefit him.

In terms of tort claims it is conceivable that a plaintiff may try to assert a claim for negligent misrepresentation if he can show that it was foreseeable that he as a third party would rely to his detriment upon the work of the defendant. I have read cases in which plaintiff's have been successful against accountants who performed work for a party other than the plaintiff.

While the statute of limitations governs claims at law seeking money damages as a remedy...there is also the equitable counterpart for claims in equity seeking extraordinary remedies. This defense is known as the doctrine of  Laches. Pursuant to this doctrine the defendant may assert it as a defense if there has been delay in filing the suit,  and the defendant has suffered hardship due to the delay. The choice of whether to allow the defense is at the discretion of the court because the statute of limitations may not apply to claims in equity. The delay may be for a shorter period of time than the statute of limitations governing claims at law.

E & O policies are intended to provide tort claim coverage for negligence. Unless the policy in question is unusual it has been my experience that the policy generally does not cover liability arising from contract claims. Therefore, it is necessary to operate a business as a corporation or LLC to shield one's personal assets from contract claims while the insurance protects him against tort claims. In many states the statute of limitations on contract claims is longer than for tort claims. Neither the corporate shield nor the insurance is going to protect a defendant against intentional torts.

 

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MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 4:53:13 PM (4241 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:05:39 PM (4632 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 5:08:57 PM (4386 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:22:10 PM (4570 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 8:35:14 PM (4392 views)
Re: MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 5:31:53 PM (4631 views)
Re: MeyMax Title Agency - john rutledge/VA
4/14/2008 9:33:52 AM (4349 views)

It should not be this difficult! - Robert Franco/OH
4/9/2008 2:33:15 PM (3572 views)
Re: It should not be this difficult! - Rob  Robinson/PA
4/9/2008 3:57:14 PM (4242 views)
Re: It should not be this difficult! - Smitty Strickland/SC
4/9/2008 4:50:41 PM (4290 views)
Re: It should not be this difficult! - Theresa Ritz/WV
4/10/2008 10:52:22 AM (4187 views)
Re: It should not be this difficult! - Dan Zook/NY
4/10/2008 12:33:06 PM (4267 views)
Re: It should not be this difficult! - michael quinn/NY
4/10/2008 9:24:50 PM (4181 views)
Re: It should not be this difficult! - Pam Sola/VA
4/14/2008 10:57:24 AM (4144 views)




Oil & Gas search? - joey slipher/MS
4/9/2008 11:51:39 AM (3436 views)
Re: Oil & Gas search? - Alix Ott/MI
4/10/2008 3:23:48 PM (4197 views)

A quick question - Ron McPherson/IA
4/8/2008 6:06:09 PM (3482 views)
Re: A quick question - michael quinn/NY
4/8/2008 6:15:52 PM (4285 views)
Re: A quick question - Kevin Ahern/CT
4/9/2008 6:36:54 AM (4397 views)
Re: A quick question - Robert Franco/OH
4/9/2008 10:55:29 AM (4375 views)
Re: A quick question - Matthew Sharpe/OH
4/9/2008 11:05:48 AM (4268 views)
Re: A quick question - george Hubka/MI
4/14/2008 9:41:17 PM (4074 views)
Re: A quick question - Ron McPherson/IA
4/11/2008 10:12:17 PM (4264 views)

Trinity Abstract ... Dallas, TX - Jill Kissell/IA
4/8/2008 5:43:10 PM (4322 views)
Re: Trinity Abstract ... Dallas, TX - DS/NC
4/12/2008 1:44:57 PM (4557 views)
Re: Trinity Abstract ... Dallas, TX - ARTHUR LIPPMAN/MA
4/14/2008 8:01:23 AM (4410 views)

Eclipse - Anthony BROWNN/VA
4/8/2008 2:52:08 PM (3667 views)
Re: Eclipse - Rob  Robinson/PA
4/8/2008 3:27:23 PM (4659 views)
Re: Eclipse - Norean Cashwell/GA
4/12/2008 11:41:46 PM (4526 views)
Re: Eclipse - Pam Sola/VA
4/14/2008 10:59:49 AM (4479 views)
Re: Eclipse - Jennifer  Porter/FL
4/14/2008 12:59:27 PM (4281 views)
Re: Eclipse - Anthony BROWNN/VA
4/14/2008 3:16:42 PM (4395 views)
Re: Eclipse - elizabeth reddy/FL
4/14/2008 6:17:50 PM (4285 views)
Re: Eclipse - george Hubka/MI
4/14/2008 9:46:37 PM (4300 views)
Re: Eclipse - Patrick Scott/IL
4/14/2008 11:39:43 PM (4298 views)
Re: Eclipse - Anthony BROWNN/VA
4/24/2008 1:23:40 PM (4278 views)
Re: Eclipse - Karen Dykshoorn/IA
4/15/2008 11:13:02 AM (4399 views)

Thomas Jefferson Quote! - Kurt deVries/FL
4/8/2008 2:02:55 PM (3418 views)
Re: Thomas Jefferson Quote! - Scott Perry/PA
4/15/2008 7:05:35 AM (4201 views)
Re: Thomas Jefferson Quote! - Kurt deVries/FL
4/18/2008 10:57:40 AM (4099 views)

THEY DON'T PAY - Wayne Brown/VA
4/8/2008 11:05:05 AM (4207 views)
Re: THEY DON'T PAY - Matthew Sharpe/OH
4/9/2008 11:18:11 AM (4577 views)
Re: THEY DON'T PAY - Matthew Sharpe/OH
4/9/2008 11:19:30 AM (4525 views)
Re: THEY DON'T PAY - Jason Sheppard/PA
4/10/2008 5:15:44 PM (4518 views)
Re: THEY DON'T PAY - Shannon Blatt/VA
4/11/2008 11:21:43 PM (4363 views)
Re: THEY DON'T PAY - Janis Talbot/SC
4/12/2008 11:34:43 AM (4324 views)
Re: THEY DON'T PAY - Diane Brewer/SC
4/14/2008 9:45:14 AM (4349 views)
Re: THEY DON'T PAY - Richard Mann/PA
4/14/2008 7:46:11 AM (4281 views)
Re: THEY DON'T PAY - Cheryl O'Brien/VA
4/14/2008 11:09:00 AM (4318 views)
Re: THEY DON'T PAY - Cheryl O'Brien/VA
4/14/2008 11:03:27 AM (4170 views)

ASA Real Estate Services - Glenda Hodge/TN
4/8/2008 12:53:45 AM (3301 views)
Re: ASA Real Estate Services - ARTHUR LIPPMAN/MA
4/14/2008 7:31:21 AM (4190 views)
Re: ASA Real Estate Services - Lois & Glen Morgan/AZ
5/15/2008 5:09:47 PM (4017 views)

Help - Edward Balian/CA
4/7/2008 4:47:32 PM (3265 views)
Re: Help - Robert Franco/OH
4/7/2008 5:40:53 PM (4102 views)
Re: Help - Anita Backlund/MN
4/7/2008 11:11:00 PM (4201 views)
Re: Help - Kurt deVries/FL
4/8/2008 2:00:49 PM (4242 views)
Re: Help - Cheryl O'Brien/VA
4/14/2008 11:13:39 AM (3965 views)

3 MINUTE SURVEY - Jeanine Johnson/FL
4/7/2008 12:35:17 PM (3368 views)
Re: 3 MINUTE SURVEY - Rob  Robinson/PA
4/7/2008 12:58:44 PM (4189 views)
Re: 3 MINUTE SURVEY - SHEILA WATTERSON/FL
4/7/2008 1:32:37 PM (4235 views)
Re: 3 MINUTE SURVEY - Robert Franco/OH
4/7/2008 2:23:02 PM (4193 views)
Re: 3 MINUTE SURVEY - Ron McPherson/IA
4/7/2008 2:29:34 PM (4163 views)
Re: 3 MINUTE SURVEY - Diane Cipa/PA
4/7/2008 3:50:25 PM (4231 views)
Re: 3 MINUTE SURVEY - Edward Huguenin/SC
4/7/2008 4:28:13 PM (4127 views)
Re: 3 MINUTE SURVEY - Scott Perry/PA
4/7/2008 5:35:53 PM (4133 views)
Re: 3 MINUTE SURVEY - Anita Backlund/MN
4/7/2008 11:08:36 PM (4184 views)
Re: 3 MINUTE SURVEY - Jill Kissell/IA
4/8/2008 5:39:52 PM (4187 views)
Re: 3 MINUTE SURVEY - Sheila Sten/PA
4/10/2008 2:19:11 PM (4215 views)
Re: 3 MINUTE SURVEY - Jean Allen/NC
4/11/2008 9:22:20 PM (4024 views)
Re: 3 MINUTE SURVEY - Phil McLean/CO
4/10/2008 2:29:11 PM (4275 views)
Re: 3 MINUTE SURVEY - Sheila Sten/PA
4/25/2008 9:28:21 PM (4044 views)

E & O Coverage - Edward Huguenin/SC
4/6/2008 4:16:37 PM (3428 views)
Re: E & O Coverage - Virginia Capps/TN
4/7/2008 12:09:35 PM (4092 views)
Re: E & O Coverage - Edward Huguenin/SC
4/7/2008 4:26:21 PM (4089 views)


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