US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 1364

Direct actions against insurers of members of diplomatic missions and their families

(a)
22 U.S.C. 254a(3) 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 ()) 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 , 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.

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 (Added , , ; amended , , ; , , .)

Editorial Notes

Codification

Two other sections 1364 were renumbered sections 1365 and 1366 of this title.

Amendments

Pub. L. 100–2041987—Subsec. (a). inserted “, or was at the time of the tortious act or omission,” after “who is”.

Pub. L. 97–24122 U.S.C. 254a(3)1982—Subsec. (a). substituted “within the meaning of section 2(3) of the Diplomatic Relations Act ()” for “as defined in the Vienna Convention on Diplomatic Relations”.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–204, title I, § 138(b)101 Stat. 1347

“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 [].”
, , , provided that:

Effective Date of 1982 Amendment

Pub. L. 97–241section 204 of Pub. L. 97–241section 4301 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date

section 9 of Pub. L. 95–393section 254a of Title 22Section effective at end of ninety-day period beginning on , see , set out as a note under , Foreign Relations and Intercourse.