28 U.S.C. § 1364

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1364 - Direct actions against insurers of members of diplomatic missions and their families

(a) The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property.

(b) Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.

28 U.S.C. § 1364

Added Pub. L. 95-393, §7(a), Sept. 30, 1978, 92 Stat. 809; amended Pub. L. 97-241, title II, §203(b)(4), Aug. 24, 1982, 96 Stat. 291; Pub. L. 100-204, title I, §138(a), Dec. 22, 1987, 101 Stat. 1347.

EDITORIAL NOTES

CODIFICATIONTwo other sections 1364 were renumbered sections 1365 and 1366 of this title.

AMENDMENTS1987-Subsec. (a). Pub. L. 100-204 inserted ", or was at the time of the tortious act or omission," after "who is". 1982-Subsec. (a). Pub. L. 97-241 substituted "within the meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))" for "as defined in the Vienna Convention on Diplomatic Relations".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100-204, title I, §138(b), Dec. 22, 1987, 101 Stat. 1347, provided that: "The amendment made by subsection (a) [amending this section] shall apply to the first tortious act or omission occurring after the date of enactment of this Act [Dec. 22, 1987]."

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-241 effective Oct. 1, 1982, see section 204 of Pub. L. 97-241, set out as an Effective Date note under section 4301 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATESection effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393, set out as a note under section 254a of Title 22, Foreign Relations and Intercourse.