Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] DIY Closings?? - Robert Franco/OH (17 replies)
3/7/2006 1:42:45 PM (2226 views)

[+] Spotlight - J Nisonger/CA (2 replies)
3/7/2006 12:00:19 PM (2171 views)

Naltea Web-Site and E-mail - Jay Duncan/MO
3/7/2006 10:19:42 AM (2895 views)

Down-time... - Robert Franco/OH
3/7/2006 10:09:10 AM (1847 views)

Credit Where Credit is Due - Scott Perry/PA
3/6/2006 8:43:46 PM (1694 views)


Real Title Services


[+] What's up with Nationwide? (NASCOPGH) - Daphne Gray/CA (44 replies)
3/6/2006 12:52:16 PM (2465 views)

[+] Ricky Reese Farrow - Robert Franco/OH (8 replies)
3/6/2006 10:47:57 AM (2396 views)

[+] Horse and Buggy - Lisa Ramsey/TX (3 replies)
3/4/2006 12:25:14 PM (2268 views)

[+] India again... - J Nisonger/CA (14 replies)
3/3/2006 11:05:07 PM (2316 views)

[+] Reliable Property - Cristina James/AR (2 replies)
3/3/2006 5:48:30 PM (2292 views)

[+] Interesting Online NON Privacy Article... From USA TODAY - Jason Sheppard/PA (1 reply)
3/3/2006 5:46:51 PM (3508 views)

Ohhh... I have to vent... - Loretta Reed/MD
3/3/2006 9:04:57 AM (1948 views)

[-] who is mid-atlantic?&other things - Donna Grady/NC (18 replies)
3/3/2006 1:45:56 AM (3573 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 7:34:57 AM (3434 views)
Re: who is mid-atlantic?&other things - Loretta Reed/MD
3/3/2006 7:57:41 AM (3407 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 10:04:33 AM (3271 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:18:16 AM (3396 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:32:40 AM (3372 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

to post a reply: login - or - register


Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:54:54 AM (3417 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 11:06:35 AM (3348 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/3/2006 8:41:35 PM (3282 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 3:57:57 AM (3365 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 9:28:53 AM (3312 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 10:01:01 AM (3307 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 3:56:49 PM (3367 views)
Re: who is mid-atlantic?&other things - Robert Breakell/CT
3/4/2006 5:12:14 PM (3242 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/4/2006 4:48:40 PM (3168 views)
Re: who is mid-atlantic?&other things - Lisa Ramsey/TX
3/4/2006 6:47:19 PM (3168 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:20:00 AM (3347 views)
Re: who is mid-atlantic?&other things - Donna Grady/NC
3/3/2006 11:15:39 PM (3252 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/4/2006 10:46:56 AM (3233 views)

[+] India outsourcing article - Robert Breakell/CT (1 reply)
3/2/2006 11:41:03 AM (3401 views)

[+] Lisa's Inc. Magazine Article - David Bloys/TX (11 replies)
3/1/2006 9:03:34 PM (3736 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Home buyers are more active this fall.....
Michael Stelzer's Blog
2025/11/27
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates dropped lower last week following the announcement of increased MBS purchases by the GSEs. Lower r...
NAR Existing-Home Sales Report Shows 5.1% Increase in December
"2025 was another tough year for homebuyers, marked by record-high home prices and historically low home sales,” s...
December Jobs Report Commentary from MBA's Mike Fratantoni
“The pace of employment growth slowed in December to 50,000, in line with the average pace of 49,000 for all of 20...
MISMO Publishes SMART Doc V3 Power of Attorney Specification
“The new SMART Doc V3 Power of Attorney Specification extends the benefits of verifiable, tamper-evident data to a...
Mortgage Applications Decreased Over a Two-Week Period in Latest MBA Weekly Survey
“Mortgage rates started the New Year with a decline to 6.25 percent, the lowest level since September 2024. Refina...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

Looking for Abstractors in SD 12/27
December 27 2025
Hello, I have the following orders in SD in the following counties: Buffalo(3), Charles Mix(1),Codington(1), Dewey(9), Lyman(1) Oglala Lokota(4), Pennington(1), Roberts(4), and Todd(2). This is a total of 26 orders. I am doing consistent business inn...[more info]

email
© 2020, Source of Title.