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[+] Any recommendations - Phyllis /GA (1 reply)
7/8/2006 11:11:15 AM (2849 views)

[+] Jim Girardi - Jay Duncan/MO (6 replies)
7/6/2006 4:46:34 PM (3031 views)

[+] Trip fees- Multiple recordings- One for the independent abstractors - Matt Papsch/MD (15 replies)
7/6/2006 3:50:45 PM (2970 views)

[+] Contemporary Realty - Eboni/VA (8 replies)
7/6/2006 11:01:52 AM (3037 views)

[+] Commercial Search Fees - Wendi See/SC (9 replies)
7/6/2006 10:53:35 AM (3219 views)




[+] NATIONWIDE APPRAISAL... - Michael /KS (13 replies)
7/5/2006 6:46:27 PM (3187 views)

[+] I think I'm done consulting...... - George Booth/OH (6 replies)
7/5/2006 4:51:02 PM (3103 views)

[+] PROPERTY DOCUMENT NETWORK - ANDREW MOLLER/CT (1 reply)
7/5/2006 3:22:19 PM (2912 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 (2864 views)

[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3130 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (4008 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (3986 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4583 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4439 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 (4290 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4261 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4432 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (4205 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (4068 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4295 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4312 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4347 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4246 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (4074 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (4202 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2915 views)

[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3188 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (2967 views)

[+] Bringdown or Update - Margaret Tobin/NC (3 replies)
6/28/2006 6:59:29 PM (3046 views)

[+] Private Information for sale, order your copy now. - George Booth/OH (7 replies)
6/28/2006 12:18:28 PM (4031 views)


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