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28 U.S.C. § 1364Direct actions against insurers of members of diplomatic missions and their families

submitted 48 years ago by Pub. L. 95-393 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 181 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-393 · 92 Stat. 809
  • 1982Amended · Pub. L. 97-241 · 96 Stat. 291
  • 1987Amended · Pub. L. 100-204 · 101 Stat. 1347

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-393 on 1978-09-30.

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