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

(a) Federal district^* courts have original and exclusive jurisdiction, regardless of the amount in dispute, over any civil action brought by any person against an insurer. The insurer must have contracted to insure against liability for personal injury, death, or property damage for an individual who is, or was when the wrongful act or failure to act occurred, a member of a mission (as defined by section 2(3) of the Diplomatic Relations Act, 22 U.S.C. 254a(3)), a family member of such a mission member, or an individual described in section 19 of the United Nations Convention on Privileges and Immunities of February 13, 1946. This section does not define “mission,“ “tortious act or omission,“ or “direct action.“ (b) A direct action against an insurer under subsection (a) must be tried without a jury. The insurer may not defend by arguing that the insured is immune from suit, that the insured is an indispensable party, or—unless there is fraud or collusion—that the insured violated a contract term. The last restriction does not apply if the contract was canceled before the claim arose.