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[+] NEED TO VENT!! VICTIM OF ID THEFT!! - Jason Sheppard/PA (17 replies)
3/8/2006 12:27:05 PM (2469 views)

Naltea Web-Site Is Up - Jay Duncan/MO
3/8/2006 10:16:37 AM (3020 views)

[+] DIY Closings?? - Robert Franco/OH (17 replies)
3/7/2006 1:42:45 PM (2399 views)

[+] Spotlight - J Nisonger/CA (2 replies)
3/7/2006 12:00:19 PM (2344 views)

Naltea Web-Site and E-mail - Jay Duncan/MO
3/7/2006 10:19:42 AM (3094 views)




Down-time... - Robert Franco/OH
3/7/2006 10:09:10 AM (1999 views)

Credit Where Credit is Due - Scott Perry/PA
3/6/2006 8:43:46 PM (1857 views)

[+] What's up with Nationwide? (NASCOPGH) - Daphne Gray/CA (44 replies)
3/6/2006 12:52:16 PM (2638 views)

[+] Ricky Reese Farrow - Robert Franco/OH (8 replies)
3/6/2006 10:47:57 AM (2554 views)

[+] Horse and Buggy - Lisa Ramsey/TX (3 replies)
3/4/2006 12:25:14 PM (2442 views)

[+] India again... - J Nisonger/CA (14 replies)
3/3/2006 11:05:07 PM (2522 views)

[+] Reliable Property - Cristina James/AR (2 replies)
3/3/2006 5:48:30 PM (2498 views)

[+] Interesting Online NON Privacy Article... From USA TODAY - Jason Sheppard/PA (1 reply)
3/3/2006 5:46:51 PM (3744 views)

Ohhh... I have to vent... - Loretta Reed/MD
3/3/2006 9:04:57 AM (2088 views)

[-] who is mid-atlantic?&other things - Donna Grady/NC (18 replies)
3/3/2006 1:45:56 AM (3752 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 7:34:57 AM (4195 views)
Re: who is mid-atlantic?&other things - Loretta Reed/MD
3/3/2006 7:57:41 AM (4116 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 10:04:33 AM (3937 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:18:16 AM (4088 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:32:40 AM (4065 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 (4123 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 11:06:35 AM (3957 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/3/2006 8:41:35 PM (3938 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 3:57:57 AM (4058 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 9:28:53 AM (3972 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 10:01:01 AM (4015 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 3:56:49 PM (4007 views)
Re: who is mid-atlantic?&other things - Robert Breakell/CT
3/4/2006 5:12:14 PM (3917 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/4/2006 4:48:40 PM (3799 views)
Re: who is mid-atlantic?&other things - Lisa Ramsey/TX
3/4/2006 6:47:19 PM (3868 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:20:00 AM (4021 views)
Re: who is mid-atlantic?&other things - Donna Grady/NC
3/3/2006 11:15:39 PM (3885 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/4/2006 10:46:56 AM (3848 views)


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