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[+] India again... - J Nisonger/CA (14 replies)
3/3/2006 11:05:07 PM (2254 views)

[+] Reliable Property - Cristina James/AR (2 replies)
3/3/2006 5:48:30 PM (2225 views)

[+] Interesting Online NON Privacy Article... From USA TODAY - Jason Sheppard/PA (1 reply)
3/3/2006 5:46:51 PM (3413 views)

Ohhh... I have to vent... - Loretta Reed/MD
3/3/2006 9:04:57 AM (1901 views)

[-] who is mid-atlantic?&other things - Donna Grady/NC (18 replies)
3/3/2006 1:45:56 AM (3509 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 7:34:57 AM (3223 views)
Re: who is mid-atlantic?&other things - Loretta Reed/MD
3/3/2006 7:57:41 AM (3216 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 10:04:33 AM (3070 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:18:16 AM (3189 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:32:40 AM (3171 views)

Your analysis on contract law and privity of contract are correct, but there may be other remedies available to the title company's client. ..possibly negligent misrepresentation if it was reasonable for the abstractor to know that the title company's client would rely on misrepresentations contained in the abstract. However, it is questionable whether an insurance carrier would defend an insured on a contract claim. A lot of it would depend on the verbiage of the policy, and the insurance carrier's desire to deny coverage. E & O insurance is usually designed to protect an insured on claims of negligence.

I have never had ocassion to litigate a negligent misrepresentation case, but I do remember reading cases in which accounting firms were liable to third parties for the contents of their reports because it was reasonable for them to expect the third party to rely on the contents of the report.

When an attorney initiates litigation, he generally sues the defendant under every theory of recovery imagineable in the hope that one of them will stick. Generally tort cases are harder to prove than contract cases because so much of it depends on interpretation of the parties' conduct. In Connecticut there  is also a heightened burden of proof (clear and convincing evidence rather than just a preponderance of the evidence) for fraud (misrepresentation) claims

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Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:54:54 AM (3231 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 11:06:35 AM (3149 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/3/2006 8:41:35 PM (3079 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 3:57:57 AM (3171 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 9:28:53 AM (3106 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 10:01:01 AM (3127 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 3:56:49 PM (3162 views)
Re: who is mid-atlantic?&other things - Robert Breakell/CT
3/4/2006 5:12:14 PM (3026 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/4/2006 4:48:40 PM (2972 views)
Re: who is mid-atlantic?&other things - Lisa Ramsey/TX
3/4/2006 6:47:19 PM (2973 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:20:00 AM (3150 views)
Re: who is mid-atlantic?&other things - Donna Grady/NC
3/3/2006 11:15:39 PM (3056 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/4/2006 10:46:56 AM (3042 views)


Real Title Services


[+] India outsourcing article - Robert Breakell/CT (1 reply)
3/2/2006 11:41:03 AM (3332 views)

[+] Lisa's Inc. Magazine Article - David Bloys/TX (11 replies)
3/1/2006 9:03:34 PM (3659 views)

[+] CMS/ACCUDATA SEARCH - out-of -business - Patty/NJ (2 replies)
3/1/2006 12:42:07 PM (3794 views)

[+] Medicaid Liens - Robert Franco/OH (6 replies)
3/1/2006 12:23:46 PM (2538 views)

[+] My Article was Published in FortBendNow News - Lisa Ramsey/TX (4 replies)
3/1/2006 12:19:58 PM (3462 views)

Just Too Good Not to Share - Lisa Ramsey/TX
3/1/2006 12:16:57 PM (1828 views)

[+] Is the industry really threatened? This may help some of you.... - Jason Sheppard/PA (4 replies)
2/28/2006 11:10:27 PM (2155 views)

[+] Looks as though others in the industry are feeling threatened... - Jarrod Clabaugh/OH (1 reply)
2/28/2006 4:20:42 PM (3596 views)

[+] A New Low for Scammers - Jay Duncan/MO (2 replies)
2/28/2006 1:08:09 PM (2332 views)

[+] Just a thought - Kevin Ahern/CT (6 replies)
2/28/2006 11:39:18 AM (2225 views)


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