I have one built into my form, limiting liability to the invoiced amount. Had it there since I created the form in 2002 (first venture on my own). Never had anyone complain about it being there, but also didn't really draw attention to it specifically. A title company I'd worked at previously had a similar disclaimer, but capped their liability at $1000. When I asked an underwriter counsel about this, he'd said that on a current owner-type search, your liability is whatever you want to state it is.

Actually, your blog entry, and other current events, had prompted some discussion between myself and my wife on this topic over the last couple days. Since I'm a "from home" operation, not having much success re-breaking into the market as an independant, and am still concerned over potential additional liability from a $50 search (I don't have the assets to wage a courtroom fight over a potential loss of thousands of dollars), I'm on the verge of throwing in the towel and heading a different direction. It's unfortunate, since this is the one thing I've ever really been good at and enjoyed doing... not to mention that I have zero idea what to do next.