I have been doing title work since 1989. I have carried E&O for 2 years of the last 20. The few clients I have ever had that required it barely provide enough work to cover the cost of the insurance. I use a disclaimer on EVERY page of our reports - to the effect that our search is the product of public information, that we cannot control the quality of that information and that our liablitiy is limited to the cost of the search. If the receiving company accepts your work with that disclaimer attached it is as good as a contract - at least it has been upheld by the courts in Arkansas. Too much responsibility is placed on us as abstractors. We do the heavy lifting regarding title searches and get paid the least out of all those involved in the transaction - but we will be the first they look to sue if a search is faulty - many times not to our fault but to the lac k of oversight in the county record system. I look forward to hearing your various opinions! Happy Day!
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