Hi Scott,
Thank you for the opportunity to review your disclaimer. However, I am in no better position than anyone else on the board to offer an opinion since we are not permitted to disclaim liability from our own negligence in Connecticut. It kind of keeps you on your toes.A number of title searchers I know do use disclaimers, but they don't hold up in the Connecticut courts. If ever challenged on a search, the proper way to defend it here is to produce evidence that the item was not properly indexed. Hence the need to copy the appropriate page in the index before the Town Clerk corrects it. It is a valid defense here to argue that the Town Clerk's negligence was the cause of the injured party's damages. Causation is one of the elements a plaintiff must establish to win his suit
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