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[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3156 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (4102 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (4064 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4667 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4523 views)

Connecticut still adheres to the more traditional approach with respect to limitation of liability. This is quite a departure from what I understand to be New York's position on the subject.

In addition to recovery under the law of negligence there are also theories of recovery under contract law. In which case it is questionable as to whether e&o insurance would be applicable. If the property owner is in a position to claim third party beneficiary status under the contract for abstracting services, he may have the right to assert a claim for contract breach against the abstractor for consequential damages resulting from the abstractor's failure to perform his contractual obligations in a reasonable and workman- like manner. (This is an implied term of all contracts in Connecticut). This is the law of contract's corrollary to a negligence claim sometimes used when there is a statute of limitations problem. 

There is also the possibility of  the property owner asserting a claim for negligent misrepresentation if he could foreseeably have relied on the abstractor's report to his detriment.

Other states will probably differ to some degree or another, but that is where we are here in old Connecticut. After having gone to law school in Chicago, it was hard to get used to the somewhat archaeic old English terms, practices and law in this area. However, having worked with it for 22 years, I have come to respect it and understand it.

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Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 11:30:28 AM (4388 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4336 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4572 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (4305 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (4157 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4379 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4387 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4441 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4355 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (4166 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (4280 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2948 views)

[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3219 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (3003 views)

[+] Bringdown or Update - Margaret Tobin/NC (3 replies)
6/28/2006 6:59:29 PM (3068 views)




[+] Private Information for sale, order your copy now. - George Booth/OH (7 replies)
6/28/2006 12:18:28 PM (4067 views)

[+] ValueAmerica - Wendy Waddell/PA (16 replies)
6/28/2006 7:52:34 AM (3256 views)

[+] My turn to vent please. - J Nisonger/CA (13 replies)
6/28/2006 3:30:35 AM (3107 views)

[+] e-filing - Douglas Gallant/OH (8 replies)
6/27/2006 6:24:11 PM (2893 views)

[+] Can You Pass This Test??? - Jay Duncan/MO (20 replies)
6/27/2006 4:29:37 PM (4031 views)

[+] Got a call from GAC.... - Loretta Reed/MD (16 replies)
6/27/2006 8:43:23 AM (3251 views)

[+] 5000 Listings and Still Growing - SOT - Jay Duncan/MO (9 replies)
6/26/2006 7:15:12 PM (2954 views)

[+] Hey Angelica! Infinity email - J Nisonger/CA (5 replies)
6/26/2006 5:39:14 PM (4079 views)

[+] Only One More Listing Needed!!! - Jay Duncan/MO (1 reply)
6/26/2006 5:19:09 PM (2835 views)

[+] KROLL GOVERNMENT SERVICES, INC - Jay Duncan/MO (10 replies)
6/26/2006 5:15:41 PM (3185 views)


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