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Bertrum Group does not pay - Donna D'Amore/PA
4/21/2008 10:16:56 AM (5478 views)
Re: Bertrum Group does not pay - Elizabeth Helman/PA
4/21/2008 6:28:20 PM (5904 views)
Re: Bertrum Group Does Not Pay - Donna D'Amore/PA
4/23/2008 12:15:48 PM (5879 views)
Re: Bertrum Group Does Not Pay - Elizabeth Helman/PA
4/25/2008 8:23:57 AM (5577 views)
Re: Bertrum Group Does Not Pay - george Hubka/MI
4/25/2008 10:36:42 PM (7255 views)
Re: Bertrum Group Does Not Pay - Donna D'Amore/PA
4/28/2008 11:15:32 AM (5922 views)
Re: Bertrum Group Does Not Pay - Donna D'Amore/PA
4/28/2008 11:14:26 AM (5822 views)
Re: Bertrum Group does not pay - Thomas Conrad/PA
4/28/2008 7:11:58 PM (5625 views)
Re: Bertrum Group does not pay - Sheryl Reese/PA
5/8/2008 8:45:36 AM (5541 views)
Re: Bertrum Group does not pay - STEVE MEINECKE/TN
5/8/2008 10:55:06 AM (5496 views)
Re: Bertrum Group does not pay - Sheryl Reese/PA
5/8/2008 11:41:24 AM (5518 views)
Re: Bertrum Group does not pay - Chloe Niglio/PA
5/9/2008 12:58:18 AM (5622 views)
Re: Bertrum Group does not pay - Lisa Rando/NJ
1/7/2009 7:38:11 PM (5196 views)

New Web Site - Slade Smith/OH
4/19/2008 11:03:47 PM (4175 views)
Re: New Web Site - Scott Perry/PA
4/19/2008 11:19:57 PM (5786 views)
Re: New Web Site - Robert Franco/OH
4/20/2008 1:02:10 AM (5699 views)
Re: New Web Site - Slade Smith/OH
4/20/2008 1:57:13 AM (5639 views)
Re: New Web Site - Ron McPherson/IA
4/20/2008 4:20:19 PM (5641 views)
Re: New Web Site - Mary Mitchel/NY
4/21/2008 8:12:48 AM (5641 views)
Re: New Web Site - Patrick Scott/IL
4/21/2008 9:57:46 AM (5603 views)
Re: New Web Site - Slade Smith/OH
4/22/2008 1:40:55 PM (5567 views)
Re: New Web Site - Jay Duncan/MO
4/21/2008 10:30:22 AM (5467 views)
Re: New Web Site - Smitty Strickland/SC
4/22/2008 6:13:03 PM (5491 views)
Re: New Web Site - Slade Smith/OH
4/23/2008 2:08:30 AM (5565 views)
Re: New Web Site - Mike Toebe/KS
4/22/2008 5:29:49 AM (5521 views)

United One Resources?? - Deborah Zitelli/PA
4/17/2008 8:05:19 PM (4521 views)
Re: United One Resources?? - John Glatthaar/NY
4/18/2008 4:24:00 AM (5876 views)
Re: United One Resources?? - Deborah Zitelli/PA
4/21/2008 7:56:50 AM (5753 views)
Re: United One Resources?? - Sheila Sten/PA
4/23/2008 2:06:37 PM (5804 views)
Re: United One Resources?? - Michaela Urban/OH
4/23/2008 10:33:49 PM (5696 views)

Cutting Expenses... - Robert Franco/OH
4/17/2008 9:51:07 AM (3962 views)
Re: Cutting Expenses... - Wanda Steudel/OH
4/17/2008 10:11:20 AM (5610 views)
Re: Cutting Expenses... - Edward Huguenin/SC
4/17/2008 11:29:23 AM (5952 views)
Re: Cutting Expenses... - Ron McPherson/IA
4/18/2008 1:38:52 PM (5596 views)
Re: Cutting Expenses... - Dorothy Payne/NY
4/21/2008 9:17:27 PM (5522 views)
Re: Cutting Expenses... - Robert Franco/OH
4/21/2008 10:31:11 PM (5590 views)
Re: Cutting Expenses... - Dorothy Payne/NY
4/22/2008 4:16:21 PM (5510 views)

How to Get Paid - Cheryl O'Brien/VA
4/16/2008 12:18:14 PM (4065 views)
Re: How to Get Paid - Ron McPherson/IA
4/16/2008 12:58:30 PM (5898 views)
Re: How to Get Paid - Robert Franco/OH
4/16/2008 1:56:24 PM (5674 views)
Re: How to Get Paid - Diane Cipa/PA
4/16/2008 4:52:22 PM (8436 views)
Re: How to Get Paid - Diane Cipa/PA
4/17/2008 9:31:45 AM (5568 views)
Re: How to Get Paid - David Bloys/TX
4/17/2008 11:38:12 AM (5733 views)
Re: How to Get Paid - Diane Cipa/PA
4/17/2008 5:03:27 PM (5636 views)
Re: How to Get Paid - J Nisonger/CA
4/18/2008 1:02:34 PM (5598 views)
Re: How to Get Paid - Cheryl O'Brien/VA
4/28/2008 7:31:05 PM (5815 views)




Housing Strain Felt Throughout EU - Jarrod Clabaugh/OH
4/14/2008 3:51:35 PM (5700 views)
Re: Housing Strain Felt Throughout EU - Jessica Talley/NJ
4/15/2008 11:10:24 AM (5691 views)
Re: Housing Strain Felt Throughout EU - J Nisonger/CA
4/16/2008 6:38:46 PM (5608 views)
Re: Housing Strain Felt Throughout EU - Jarrod Clabaugh/OH
4/17/2008 11:15:15 AM (5756 views)
Re: Housing Strain Felt Throughout EU - J Nisonger/CA
4/18/2008 1:23:30 PM (5488 views)

"Claims Made" E&O Insurance - Cheryl O'Brien/VA
4/14/2008 11:29:04 AM (4076 views)
Re: "Claims Made" E&O Insurance - Robert Franco/OH
4/14/2008 11:52:06 AM (6251 views)
Re: "Claims Made" E&O Insurance - Cheryl O'Brien/VA
4/14/2008 12:50:23 PM (6048 views)
Re: "Claims Made" E&O Insurance - Robert Franco/OH
4/14/2008 1:21:59 PM (6131 views)
Re: "Claims Made" E&O Insurance - Cheryl O'Brien/VA
4/14/2008 1:25:06 PM (5973 views)

Uncertified Special Assessments? - Michaela Urban/OH
4/14/2008 9:48:14 AM (4285 views)
Re: Uncertified Special Assessments? - Steve Squeo/OH
4/14/2008 10:17:24 AM (6319 views)
Re: Uncertified Special Assessments? - Michaela Urban/OH
4/14/2008 10:39:23 AM (6297 views)
Re: Uncertified Special Assessments? - Wanda Steudel/OH
4/14/2008 2:58:48 PM (6069 views)
Re: Uncertified Special Assessments? - Robert Franco/OH
4/14/2008 3:11:16 PM (5961 views)
Re: Uncertified Special Assessments? - STEVE MEINECKE/TN
4/14/2008 5:14:48 PM (6193 views)
Re: Uncertified Special Assessments? - george Hubka/MI
4/14/2008 9:07:39 PM (6208 views)
Re: Uncertified Special Assessments? - STEVE MEINECKE/TN
4/14/2008 11:51:34 PM (6087 views)
Re: Uncertified Special Assessments? - Michaela Urban/OH
4/15/2008 6:05:49 PM (5845 views)

Service 1st Valuation & Settlement - Phil McLean/CO
4/11/2008 11:18:03 AM (5953 views)
Re: Service 1st Valuation & Settlement - Robert Franco/OH
4/11/2008 11:30:05 AM (6279 views)
Re: Service 1st Valuation & Settlement - Barbara Bennett/IN
4/11/2008 1:27:49 PM (6257 views)
Re: Service 1st Valuation & Settlement - Jason Sheppard/PA
4/11/2008 4:41:50 PM (6287 views)
Re: Service 1st Valuation & Settlement - Sheila Sten/PA
4/14/2008 6:55:26 AM (6261 views)
Re: Service 1st Valuation & Settlement - Michaela Urban/OH
4/14/2008 9:51:56 AM (6477 views)
Re: Service 1st Valuation & Settlement - Pam Sola/VA
4/14/2008 10:45:26 AM (6241 views)
Re: Service 1st Valuation & Settlement - Phil McLean/CO
4/14/2008 4:12:55 PM (6276 views)
Re: Service 1st Valuation & Settlement - george Hubka/MI
4/14/2008 9:15:12 PM (6234 views)

Cystic Fibrosis Event ~ Pittsburgh, PA - Jason Sheppard/PA
4/11/2008 7:04:07 AM (6265 views)
Re: Cystic Fibrosis Event ~ Pittsburgh, PA - Rob  Robinson/PA
4/11/2008 9:18:56 AM (5809 views)
Re: Cystic Fibrosis Event ~ Pittsburgh, PA - Jason Sheppard/PA
4/11/2008 4:46:05 PM (5875 views)

Just an idea and how hard would it be? - Jay Duncan/MO
4/10/2008 11:13:32 AM (4088 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/10/2008 12:14:34 PM (5882 views)
Abstractor Paid & Listed on HUD-1 - Bobbi Shorthouse, Notary Public/CT
4/10/2008 12:57:27 PM (5993 views)
Re: Just an idea and how hard would it be? - Jay Duncan/MO
4/11/2008 9:14:17 AM (5771 views)
Re: Just an idea and how hard would it be? - Robert Franco/OH
4/11/2008 11:28:07 AM (5732 views)
Re: Just an idea and how hard would it be? - Diane Brewer/SC
4/14/2008 9:38:14 AM (5816 views)

Is there a statute of limitations on a title claim? - DS/NC
4/9/2008 9:49:36 PM (4554 views)
Re: Is there a statute of limitations on a title claim? - Patrick Scott/IL
4/9/2008 11:23:45 PM (6334 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/10/2008 7:33:27 AM (6450 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/10/2008 11:52:22 AM (6488 views)
Re: Is there a statute of limitations on a title claim? - Jason Sheppard/PA
4/10/2008 5:18:29 PM (6151 views)
Re: Is there a statute of limitations on a title claim? - DS/NC
4/12/2008 1:48:34 PM (5975 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/12/2008 4:34:13 PM (6051 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/13/2008 12:42:19 AM (6088 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/14/2008 7:05:46 PM (6525 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/14/2008 11:56:58 PM (6453 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 8:57:13 AM (6055 views)
Re: Is there a statute of limitations on a title claim? - Robert Franco/OH
4/15/2008 12:15:58 AM (5954 views)
Re: Is there a statute of limitations on a title claim? - STEVE MEINECKE/TN
4/15/2008 9:41:14 AM (5871 views)
Re: Is there a statute of limitations on a title claim? - Kevin Ahern/CT
4/13/2008 7:20:07 AM (6074 views)

I do agree that the insured should notify his insurance carrier of a potential claim as soon as he has been made aware of it. Most insurance policies require prompt and timely notification of claims as condition for coverage. I have seen insurance companies deny claims because an insured was late with notification.

The statute of limitations is intended to eliminate stale claims. While allowing a plaintiff to institute a suit during a reasonable period of time, the statute provides for repose when physical evidence is lost, misplaced or destroyed and witnesses' memories become unreliable with the passage of time.

The various statutes of limitations are not universal absolutes depending upon the language of the statute, its legislative intent and the court's interpretation of the facts of a case. Some states provide for an absolute cut off in time after which a claim can not be asserted. Others are more flexible. I think it is also important to keep in mind the nature of the claim asserted, the identity of the proper party defendant and who will be asserting the claim as a plaintiff.

The liability of the insurance carrier generally relates to the policy holding home owner. The liability of the abstractor usually relates to the party who has hired him/her to perform the title search. However, there may be exceptions...and there are many ways to skin a cat when the plaintiff is looking for a deep pocket to satisfy his claim. With respect to contract claims it is possible that the plaintiff may not have been a signatory to the contract, but rather a beneficiary of the services to be provided by the defendant. This is known as a third party beneficiary. However, it is more difficult for the plaintiff to prove because he would need to show that he was an "intended beneficiary" of the signatories to a contract rather than an "incidental beneficiary" to the contract. The court would generally inquire as to whether he was identified clearly in the contract as a beneficiary and whether the defendant's services were intended to benefit him.

In terms of tort claims it is conceivable that a plaintiff may try to assert a claim for negligent misrepresentation if he can show that it was foreseeable that he as a third party would rely to his detriment upon the work of the defendant. I have read cases in which plaintiff's have been successful against accountants who performed work for a party other than the plaintiff.

While the statute of limitations governs claims at law seeking money damages as a remedy...there is also the equitable counterpart for claims in equity seeking extraordinary remedies. This defense is known as the doctrine of  Laches. Pursuant to this doctrine the defendant may assert it as a defense if there has been delay in filing the suit,  and the defendant has suffered hardship due to the delay. The choice of whether to allow the defense is at the discretion of the court because the statute of limitations may not apply to claims in equity. The delay may be for a shorter period of time than the statute of limitations governing claims at law.

E & O policies are intended to provide tort claim coverage for negligence. Unless the policy in question is unusual it has been my experience that the policy generally does not cover liability arising from contract claims. Therefore, it is necessary to operate a business as a corporation or LLC to shield one's personal assets from contract claims while the insurance protects him against tort claims. In many states the statute of limitations on contract claims is longer than for tort claims. Neither the corporate shield nor the insurance is going to protect a defendant against intentional torts.

 

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MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 4:53:13 PM (5002 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:05:39 PM (6740 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 5:08:57 PM (6361 views)
Re: MeyMax Title Agency - Sheila Sten/PA
4/9/2008 5:22:10 PM (6445 views)
Re: MeyMax Title Agency - Scott Perry/PA
4/9/2008 8:35:14 PM (6168 views)
Re: MeyMax Title Agency - Smitty Strickland/SC
4/9/2008 5:31:53 PM (6579 views)
Re: MeyMax Title Agency - john rutledge/VA
4/14/2008 9:33:52 AM (6223 views)

It should not be this difficult! - Robert Franco/OH
4/9/2008 2:33:15 PM (4192 views)
Re: It should not be this difficult! - Rob  Robinson/PA
4/9/2008 3:57:14 PM (6330 views)
Re: It should not be this difficult! - Smitty Strickland/SC
4/9/2008 4:50:41 PM (6075 views)
Re: It should not be this difficult! - Theresa Ritz/WV
4/10/2008 10:52:22 AM (6050 views)
Re: It should not be this difficult! - Dan Zook/NY
4/10/2008 12:33:06 PM (6147 views)
Re: It should not be this difficult! - michael quinn/NY
4/10/2008 9:24:50 PM (5998 views)
Re: It should not be this difficult! - Pam Sola/VA
4/14/2008 10:57:24 AM (5905 views)

Oil & Gas search? - joey slipher/MS
4/9/2008 11:51:39 AM (4056 views)
Re: Oil & Gas search? - Alix Ott/MI
4/10/2008 3:23:48 PM (6028 views)


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