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[+] How do you build your title search business through out your state - Margaret Tobin/NC (1 reply)
7/5/2006 1:38:41 AM (2895 views)

[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3174 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (4175 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (4126 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4737 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4594 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 (4459 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4406 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4645 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (4382 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (4231 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4447 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4454 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4510 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4418 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (4236 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (4350 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2950 views)

[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3226 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (3007 views)




[+] Bringdown or Update - Margaret Tobin/NC (3 replies)
6/28/2006 6:59:29 PM (3076 views)

[+] Private Information for sale, order your copy now. - George Booth/OH (7 replies)
6/28/2006 12:18:28 PM (4079 views)

[+] ValueAmerica - Wendy Waddell/PA (16 replies)
6/28/2006 7:52:34 AM (3267 views)

[+] My turn to vent please. - J Nisonger/CA (13 replies)
6/28/2006 3:30:35 AM (3115 views)

[+] e-filing - Douglas Gallant/OH (8 replies)
6/27/2006 6:24:11 PM (2903 views)

[+] Can You Pass This Test??? - Jay Duncan/MO (20 replies)
6/27/2006 4:29:37 PM (4039 views)

[+] Got a call from GAC.... - Loretta Reed/MD (16 replies)
6/27/2006 8:43:23 AM (3263 views)

[+] 5000 Listings and Still Growing - SOT - Jay Duncan/MO (9 replies)
6/26/2006 7:15:12 PM (2959 views)

[+] Hey Angelica! Infinity email - J Nisonger/CA (5 replies)
6/26/2006 5:39:14 PM (4088 views)

[+] Only One More Listing Needed!!! - Jay Duncan/MO (1 reply)
6/26/2006 5:19:09 PM (2842 views)


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