§ 1364. Direct actions against insurers of members of diplomatic missions and their families

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Diplomatic Relations Act

   Pub. L. 95–393 § 7(a) · 92 Stat. 808

   Enacted · 28 U.S.C. § 1364

   Added Pub. L. 95–393, § 7(a), Sept. 30, 1978, 92 Stat. 809

   Source evidence

   Code source credit
   Added Pub. L. 95–393, § 7(a), Sept. 30, 1978, 92 Stat. 809

   Enacted provision · exact public law section
   (a) That chapter 85 of title 28, United States Code, is amended by the addition of the following new 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 a member of a mission (as defined in the Vienna Convention on Diplomatic Relations) 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.”.

2. 1982

   Foreign Missions Act

   Pub. L. 97–241 title II § 203(b)(4) · 96 Stat. 273

   Substituted · 28 U.S.C. § 1364(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (4) Section 1364 of title 28, United States Code, is amended by striking out “as defined in the Vienna Convention on Diplomatic Relations” and inserting in lieu thereof “within the meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))”.

3. 1987

   Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

   Pub. L. 100–204 title I § 138(a) · 101 Stat. 1331

   Inserted · 28 U.S.C. § 1364(a)

   Pub. L. 100–204 inserted “, or was at the time of the tortious act or omission,” after “who is”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–204 inserted “, or was at the time of the tortious act or omission,” after “who is”.

   Enacted provision · exact public law section
   (a) Period of Liability.— Section 1364 of title 28, United States Code, is amended by inserting after “who is” the following: “, or was at the time of the tortious act or omission,”.

   Effective date note
   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].”

3 of 3 references resolved to an enrolled provision