What is a motion for attachment in an insurance litigation case?

In New Hampshire, a motion for attachment is a type of legal request made in an insurance litigation case. It is typically made by an injured party in order to have their assets securely held while the case is ongoing. In a motion for attachment, the injured party requests that the court “attach” or place a lien on the assets of the defendant. The court will then issue a court order that requires the defendant to keep the attached assets secure until the case is concluded. The purpose of this motion is to protect the injured party in case the defendant has the right to pay or loses the case. Attachment prevents the defendant from disposing of or transferring assets while the case is still ongoing. This ensures that there is something for the injured party to receive in the end, should they win the case. In most cases, money from property can be used as compensation to the plaintiff. In New Hampshire, a motion for attachment can only be made if the court believes that the injured party is likely to win the case, and that the disputed assets could be used to compensate the plaintiff. It must also be believed that the defendant is likely to dispose of the assets before they can be attached. The court must then decide if it is in the best interest of both parties to attach the assets to ensure a fair judgment.

Related FAQs

What is reformation in an insurance litigation case?
What is a motion to vacate a judgment in an insurance litigation case?
What are insurance bad faith claims?
What is a "duty to defend" dispute in an insurance litigation case?
What is an ad damnum clause in an insurance litigation case?
What is a breach of the covenant of good faith and fair dealing in an insurance litigation case?
How does the court decide who is liable in an insurance litigation case?
What is the difference between fraud and bad faith in insurance litigation cases?
What is insurance litigation law?
What are the types of remedies available in an insurance litigation case?

Related Blog Posts

5 Factors to Consider When Choosing an Insurance Litigation Lawyer - July 31, 2023
What You Should Know About Insurance Litigation Law in 2021 - August 7, 2023
Understanding the Process of Insurance Litigation Law - August 14, 2023
How to Avoid Insurance Litigation Litigation - August 21, 2023
9 Essential Steps to Resolve an Insurance Litigation Dispute - August 28, 2023