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[+] I think I'm done consulting...... - George Booth/OH (6 replies)
7/5/2006 4:51:02 PM (3070 views)

[+] PROPERTY DOCUMENT NETWORK - ANDREW MOLLER/CT (1 reply)
7/5/2006 3:22:19 PM (2877 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 (2823 views)

[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3091 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (3911 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (3865 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4463 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4313 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 (4174 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4157 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4319 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (4094 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (3948 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4192 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4202 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4234 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4135 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (3957 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (4097 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2870 views)




[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3152 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (2929 views)

[+] Bringdown or Update - Margaret Tobin/NC (3 replies)
6/28/2006 6:59:29 PM (3003 views)

[+] Private Information for sale, order your copy now. - George Booth/OH (7 replies)
6/28/2006 12:18:28 PM (3982 views)

[+] ValueAmerica - Wendy Waddell/PA (16 replies)
6/28/2006 7:52:34 AM (3160 views)

[+] My turn to vent please. - J Nisonger/CA (13 replies)
6/28/2006 3:30:35 AM (3036 views)

[+] e-filing - Douglas Gallant/OH (8 replies)
6/27/2006 6:24:11 PM (2845 views)

[+] Can You Pass This Test??? - Jay Duncan/MO (20 replies)
6/27/2006 4:29:37 PM (3958 views)

[+] Got a call from GAC.... - Loretta Reed/MD (16 replies)
6/27/2006 8:43:23 AM (3166 views)

[+] 5000 Listings and Still Growing - SOT - Jay Duncan/MO (9 replies)
6/26/2006 7:15:12 PM (2879 views)


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