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Down-time... - Robert Franco/OH
3/7/2006 10:09:10 AM (1803 views)

Credit Where Credit is Due - Scott Perry/PA
3/6/2006 8:43:46 PM (1667 views)

[+] What's up with Nationwide? (NASCOPGH) - Daphne Gray/CA (44 replies)
3/6/2006 12:52:16 PM (2419 views)

[+] Ricky Reese Farrow - Robert Franco/OH (8 replies)
3/6/2006 10:47:57 AM (2344 views)

[+] Horse and Buggy - Lisa Ramsey/TX (3 replies)
3/4/2006 12:25:14 PM (2215 views)


Real Title Services


[+] India again... - J Nisonger/CA (14 replies)
3/3/2006 11:05:07 PM (2275 views)

[+] Reliable Property - Cristina James/AR (2 replies)
3/3/2006 5:48:30 PM (2243 views)

[+] Interesting Online NON Privacy Article... From USA TODAY - Jason Sheppard/PA (1 reply)
3/3/2006 5:46:51 PM (3455 views)

Ohhh... I have to vent... - Loretta Reed/MD
3/3/2006 9:04:57 AM (1915 views)

[-] who is mid-atlantic?&other things - Donna Grady/NC (18 replies)
3/3/2006 1:45:56 AM (3528 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 7:34:57 AM (3290 views)
Re: who is mid-atlantic?&other things - Loretta Reed/MD
3/3/2006 7:57:41 AM (3287 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 10:04:33 AM (3132 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:18:16 AM (3259 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:32:40 AM (3241 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 (3295 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 11:06:35 AM (3215 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/3/2006 8:41:35 PM (3148 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 3:57:57 AM (3236 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 9:28:53 AM (3179 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 10:01:01 AM (3200 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 3:56:49 PM (3232 views)
Re: who is mid-atlantic?&other things - Robert Breakell/CT
3/4/2006 5:12:14 PM (3098 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/4/2006 4:48:40 PM (3042 views)
Re: who is mid-atlantic?&other things - Lisa Ramsey/TX
3/4/2006 6:47:19 PM (3032 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:20:00 AM (3222 views)
Re: who is mid-atlantic?&other things - Donna Grady/NC
3/3/2006 11:15:39 PM (3124 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/4/2006 10:46:56 AM (3108 views)

[+] India outsourcing article - Robert Breakell/CT (1 reply)
3/2/2006 11:41:03 AM (3351 views)

[+] Lisa's Inc. Magazine Article - David Bloys/TX (11 replies)
3/1/2006 9:03:34 PM (3692 views)

[+] CMS/ACCUDATA SEARCH - out-of -business - Patty/NJ (2 replies)
3/1/2006 12:42:07 PM (3824 views)

[+] Medicaid Liens - Robert Franco/OH (6 replies)
3/1/2006 12:23:46 PM (2561 views)

[+] My Article was Published in FortBendNow News - Lisa Ramsey/TX (4 replies)
3/1/2006 12:19:58 PM (3481 views)


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