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

Summary

Federal district courts are the only courts that can hear a civil case where someone sues an insurance company that insured a member of a diplomatic mission, a family member of such a member (as in section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))), or a person covered by section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, for personal injury, death, or property damage. The money amount does not matter. A judge must decide these cases without a jury. The insurer cannot defend by saying the insured had immunity or must be joined as a party. The insurer also cannot claim the insured broke the policy, except if there was fraud or collusion, or if the policy was cancelled before the claim arose.