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[+] Any recommendations - Phyllis /GA (1 reply)
7/8/2006 11:11:15 AM (2822 views)

[+] Jim Girardi - Jay Duncan/MO (6 replies)
7/6/2006 4:46:34 PM (3015 views)

[+] Trip fees- Multiple recordings- One for the independent abstractors - Matt Papsch/MD (15 replies)
7/6/2006 3:50:45 PM (2958 views)

[+] Contemporary Realty - Eboni/VA (8 replies)
7/6/2006 11:01:52 AM (3029 views)

[+] Commercial Search Fees - Wendi See/SC (9 replies)
7/6/2006 10:53:35 AM (3207 views)




[+] NATIONWIDE APPRAISAL... - Michael /KS (13 replies)
7/5/2006 6:46:27 PM (3172 views)

[+] I think I'm done consulting...... - George Booth/OH (6 replies)
7/5/2006 4:51:02 PM (3092 views)

[+] PROPERTY DOCUMENT NETWORK - ANDREW MOLLER/CT (1 reply)
7/5/2006 3:22:19 PM (2904 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 (2852 views)

[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3119 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (3974 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (3945 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4549 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4398 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 (4259 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4224 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4397 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (4175 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (4038 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4263 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4280 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4300 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4209 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (4026 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (4165 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2900 views)

[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3177 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (2952 views)

[+] Bringdown or Update - Margaret Tobin/NC (3 replies)
6/28/2006 6:59:29 PM (3022 views)

[+] Private Information for sale, order your copy now. - George Booth/OH (7 replies)
6/28/2006 12:18:28 PM (4009 views)


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