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[+] Too Many Keys - David Bloys/TX (6 replies)
7/8/2006 7:36:02 PM (2819 views)

[+] Dear Vendor Manager - Ricky Farrow/FL (13 replies)
7/8/2006 5:14:28 PM (2978 views)

[+] Any recommendations - Phyllis /GA (1 reply)
7/8/2006 11:11:15 AM (2735 views)

[+] Jim Girardi - Jay Duncan/MO (6 replies)
7/6/2006 4:46:34 PM (2921 views)

[+] Trip fees- Multiple recordings- One for the independent abstractors - Matt Papsch/MD (15 replies)
7/6/2006 3:50:45 PM (2877 views)


Real Title Services


[+] Contemporary Realty - Eboni/VA (8 replies)
7/6/2006 11:01:52 AM (2941 views)

[+] Commercial Search Fees - Wendi See/SC (9 replies)
7/6/2006 10:53:35 AM (3121 views)

[+] NATIONWIDE APPRAISAL... - Michael /KS (13 replies)
7/5/2006 6:46:27 PM (3086 views)

[+] I think I'm done consulting...... - George Booth/OH (6 replies)
7/5/2006 4:51:02 PM (3011 views)

[+] PROPERTY DOCUMENT NETWORK - ANDREW MOLLER/CT (1 reply)
7/5/2006 3:22:19 PM (2818 views)

[+] How do you build your title search business through out your state - Margaret Tobin/NC (1 reply)
7/5/2006 1:38:41 AM (2768 views)

[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3019 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (3773 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (3735 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4307 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4172 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 (4033 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4021 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4176 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (3945 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (3826 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4056 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4062 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4098 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4006 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (3821 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (3965 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2812 views)

[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3093 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (2873 views)


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