§ 1364. Direct actions against insurers of members of diplomatic missions and their families
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(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, § 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.)
Connections19 cite this · traces to 2
Cited by 19 sections · top 16
U.S. Code
- § 2651Establishment of Department
- § 4301Congressional declaration of findings and policy
- § 254aDefinitions
- § 288Office of Senate Legal Counsel
- § 1861Declaration of policy
- § 288dEnforcement of Senate subpena or order
- § 288iRepresentation conflict or inconsistency
- § 288hDefense of certain constitutional powers
- § 288gAdvisory and other functions
- § 288aSenate Joint Leadership Group
- § 288jConsideration of resolutions to direct counsel
- § 288lProcedural provisions
statutes-at-large
- Public Law 100–204To authorize appropriations for fiscal years 1988 and 1989 for the Department of State, the United States Information Agency, the Voice of America, the Board for International Broadcasting, and for other purposes
- Public Law 95–521To establish certain Federal agencies, effect certain reorganizations of the Federal Government, to implement certain reforms in the operation of the Federal Government and to preserve and promote the integrity of public officials and institutions, and for other purposes
- Public Law 95–393To complement the Vienna Convention on Diplomatic Relations
Traces to 2 documents
11 references not yet in our index
- Pub. L. 95–393, § 7(a)
- 92 Stat. 809
- Pub. L. 97–241, title II, § 203(b)(4)
- 96 Stat. 291
- Pub. L. 100–204, title I, § 138(a)
- 101 Stat. 1347
- Pub. L. 100–204
- Pub. L. 97–241
- Pub. L. 100–204, title I, § 138(b)
- section 204 of Pub. L. 97–241
- section 9 of Pub. L. 95–393
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§ 1364
Direct actions against insurers of members of diplomatic missions and their families
U.S.C.×15
Stat.×3
C.F.R.×1
Pub. L.Pub. L. 95–393, § 7(a)
Stat.92 Stat. 809
Pub. L.Pub. L. 97–241, title II, § 203(b)(4)
Stat.96 Stat. 291
Pub. L.Pub. L. 100–204, title I, § 138(a)
Cites 13 · showing 7Cited by 19 across 3 sources