§ 1364. — Direct actions against insurers of members of diplomatic missions and their families.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1364]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 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.
(Added Pub. L. 95-393, Sec. 7(a), Sept. 30, 1978, 92 Stat. 809; amended
Pub. L. 97-241, title II, Sec. 203(b)(4), Aug. 24, 1982, 96 Stat. 291;
Pub. L. 100-204, title I, Sec. 138(a), Dec. 22, 1987, 101 Stat. 1347.)
Codification
Two other sections 1364 were renumbered sections 1365 and 1366 of
this title.
Amendments
1987--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''.
Effective Date of 1987 Amendment
Section 138(b) of Pub. L. 100-204 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 Date
Section 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.
