I think your inquiry relates to apportioning liability between an abstractor and an abstractor with whom he has subcontracted work. Most states have a procedure for this once the litigation has begun. In Connecticut it is called Third Party Practice, it may have a different name in your state. Third party practice involves impleading the subcontracted abstractor into the case as a third party defendant. The procedure allows the defendant (abstractor) to pass all or part of his liabilty to the third party defendant (subcontracted abstractor). The plaintiff would undoubtedly seek the full measure of damages from the defendant (abstractor).  The defendant(abstractor) would in turn file a third party claim within the same law suit against the third party defendant (subcontracted abstractor) to recover all or part of the damages for which the defendant (abstractor) was held liable to the plaintiff . This procedure is the obligation of the defendant in the event that the subcontracted abstractor has not been made a codefendant in the case by the plaintiff initially or in the event that the subcontracted abstractor was not joined as a codefendant at a later date. 

In the event that the plaintiff has made the subcontracted abstractor a codefendant to the suit seeking joint and several liability, the laws of your state might permit the abstractor to seek an apportionment of all or part of the claim by filing a cross complaint against the subcontracted abstractor. In Connecticut our laws do allow for apportionment of liability among codefendants in tort claims such as negligence.

The abstractor remains liable to the plaintiff for the judgment regardless of whether he has obtained a judgment against the subcontracted abstractor. It is up to the abstractor to enforce his third party judgment against the subcontracted abstractor. Therefore, when subcontracting work to another abstractor it is a good idea to make certain that he has e&o insurance in place. Otherwise he may not have sufficient assets to pay the abstractor's claim, and the abstractor will not be able to recover sufficient funds to reimburse him for payments the abstractor is required to make to the plaintiff.


I am not certain if this answers your question. In the event that you are ever sued, these are matters that you should keep in mind and discuss with your e&o insurer and attorney.