PRIA Logo™
Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§1364 Direct Actions Against Insurers of Members of Diplomatic Missions and Their Families

Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 85— DISTRICT COURTS; JURISDICTION › § 1364

Last updated Apr 5, 2026|Official source

Summary

Federal district courts are the only courts that can hear a lawsuit against an insurance company that insured a member of a diplomatic mission or their family (per the Diplomatic Relations Act), or certain United Nations officials (per the 1946 Convention), for personal injury, death, or property damage. The amount of money involved does not matter. A judge, not a jury, decides these cases. The insurer cannot avoid the suit by saying the insured had diplomatic immunity or that the insured must be added to the case. The insurer may only claim the insured broke the policy if there was fraud, collusion, or the policy was canceled before the incident.

Full Legal Text

Title 28, §1364

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

1987—Subsec. (a). Pub. L. 100–204 inserted “, or was at the time of the tortious act or omission,” after “who is”. 1982—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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 Amendment 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].”

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an

Effective Date

note under section 4301 of Title 22, Foreign Relations and Intercourse.

Effective Date

Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of Title 22, Foreign Relations and Intercourse.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1364

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60