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Injunctive Relief: Protecting the Availability of Funds to Satisfy a Future Monetary Judgment

By James L. Simpson
April 28, 2005

Insurers considering whether to bring suit for restitution under the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 et seq., against suspected fraudulent claimants must deal with a problem confronting all potential plaintiffs: the likelihood that a favorable judgment against the claimant may never be collected.

While in some instances, the insurer may be able to obtain pretrial attachment of the claimants' assets, the grounds for obtaining attachment are limited to where the defendant resides or operates its business within New Jersey. See R. 4:60; N.J.S.A. 2A:26-1 to 16.

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