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[+] Any recommendations - Phyllis /GA (1 reply)
7/8/2006 11:11:15 AM (2915 views)

[+] Jim Girardi - Jay Duncan/MO (6 replies)
7/6/2006 4:46:34 PM (3108 views)

[+] Trip fees- Multiple recordings- One for the independent abstractors - Matt Papsch/MD (15 replies)
7/6/2006 3:50:45 PM (3041 views)

[+] Contemporary Realty - Eboni/VA (8 replies)
7/6/2006 11:01:52 AM (3113 views)

[+] Commercial Search Fees - Wendi See/SC (9 replies)
7/6/2006 10:53:35 AM (3290 views)




[+] NATIONWIDE APPRAISAL... - Michael /KS (13 replies)
7/5/2006 6:46:27 PM (3272 views)

[+] I think I'm done consulting...... - George Booth/OH (6 replies)
7/5/2006 4:51:02 PM (3193 views)

[+] PROPERTY DOCUMENT NETWORK - ANDREW MOLLER/CT (1 reply)
7/5/2006 3:22:19 PM (2994 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 (2934 views)

[-] Liability over 1M? - Nathan Miller/KY (15 replies)
7/2/2006 8:47:16 PM (3215 views)
Re: Liability over 1M? - Julie Jasiunas/WI
7/2/2006 10:37:23 PM (4315 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 5:30:40 AM (4283 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 9:37:24 AM (4887 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 10:29:28 AM (4748 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 (4634 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 12:15:31 PM (4543 views)
Re: Liability over 1M? - Robert Franco/OH
7/3/2006 12:46:51 PM (4804 views)
Re: Liability over 1M? - Scott Perry/PA
7/3/2006 3:19:00 PM (4585 views)
Re: Liability over 1M? - Mason Haas/NY
7/3/2006 3:12:57 PM (4390 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/3/2006 3:39:11 PM (4596 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/3/2006 6:07:26 PM (4611 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/4/2006 6:47:02 AM (4665 views)
Re: Liability over 1M? - Robert Franco/OH
7/4/2006 2:37:56 PM (4573 views)
Re: Liability over 1M? - Ricky Farrow/FL
7/4/2006 11:23:56 PM (4403 views)
Re: Liability over 1M? - Kevin Ahern/CT
7/5/2006 5:46:04 AM (4503 views)

[+] Copy Fees - Julie Jasiunas/WI (8 replies)
6/29/2006 4:44:16 PM (2999 views)

[+] Are title agencies in trouble? - Mason Haas/NY (3 replies)
6/29/2006 8:08:03 AM (3264 views)

[+] Quick Question?? - Michaela Urban/OH (4 replies)
6/28/2006 9:54:50 PM (3035 views)

[+] Bringdown or Update - Margaret Tobin/NC (3 replies)
6/28/2006 6:59:29 PM (3106 views)

[+] Private Information for sale, order your copy now. - George Booth/OH (7 replies)
6/28/2006 12:18:28 PM (4114 views)


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