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[+] DIY Closings?? - Robert Franco/OH (17 replies)
3/7/2006 1:42:45 PM (2110 views)

[+] Spotlight - J Nisonger/CA (2 replies)
3/7/2006 12:00:19 PM (2053 views)

Naltea Web-Site and E-mail - Jay Duncan/MO
3/7/2006 10:19:42 AM (2790 views)

Down-time... - Robert Franco/OH
3/7/2006 10:09:10 AM (1748 views)

Credit Where Credit is Due - Scott Perry/PA
3/6/2006 8:43:46 PM (1608 views)




[+] What's up with Nationwide? (NASCOPGH) - Daphne Gray/CA (44 replies)
3/6/2006 12:52:16 PM (2339 views)

[+] Ricky Reese Farrow - Robert Franco/OH (8 replies)
3/6/2006 10:47:57 AM (2282 views)

[+] Horse and Buggy - Lisa Ramsey/TX (3 replies)
3/4/2006 12:25:14 PM (2144 views)

[+] India again... - J Nisonger/CA (14 replies)
3/3/2006 11:05:07 PM (2201 views)

[+] Reliable Property - Cristina James/AR (2 replies)
3/3/2006 5:48:30 PM (2180 views)

[+] Interesting Online NON Privacy Article... From USA TODAY - Jason Sheppard/PA (1 reply)
3/3/2006 5:46:51 PM (3341 views)

Ohhh... I have to vent... - Loretta Reed/MD
3/3/2006 9:04:57 AM (1862 views)

[-] who is mid-atlantic?&other things - Donna Grady/NC (18 replies)
3/3/2006 1:45:56 AM (3448 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 7:34:57 AM (3060 views)
Re: who is mid-atlantic?&other things - Loretta Reed/MD
3/3/2006 7:57:41 AM (3029 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/3/2006 10:04:33 AM (2904 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/3/2006 10:18:16 AM (3009 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:32:40 AM (3014 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 (3052 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 11:06:35 AM (2971 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/3/2006 8:41:35 PM (2901 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 3:57:57 AM (2997 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 9:28:53 AM (2958 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/4/2006 10:01:01 AM (2969 views)
Re: who is mid-atlantic?&other things - Scott Perry/PA
3/4/2006 3:56:49 PM (2969 views)
Re: who is mid-atlantic?&other things - Robert Breakell/CT
3/4/2006 5:12:14 PM (2834 views)
Re: who is mid-atlantic?&other things - Robert Franco/OH
3/4/2006 4:48:40 PM (2805 views)
Re: who is mid-atlantic?&other things - Lisa Ramsey/TX
3/4/2006 6:47:19 PM (2801 views)
Re: who is mid-atlantic?&other things - Kevin Ahern/CT
3/3/2006 10:20:00 AM (2973 views)
Re: who is mid-atlantic?&other things - Donna Grady/NC
3/3/2006 11:15:39 PM (2872 views)
Re: who is mid-atlantic?&other things - STEVE MEINECKE/VA
3/4/2006 10:46:56 AM (2873 views)

[+] India outsourcing article - Robert Breakell/CT (1 reply)
3/2/2006 11:41:03 AM (3271 views)

[+] Lisa's Inc. Magazine Article - David Bloys/TX (11 replies)
3/1/2006 9:03:34 PM (3572 views)


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