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29.1537 Liability policy direct action.

Cite as [A.S.C.A. § 29.1537]

On any policy of liability insurance, the injured person or his heirs or representatives has a right of direct action against the insurer within the terms and limits of the policy, whether or not the policy of insurance sued upon was written or delivered in American Samoa, and whether or not the policy contains a provision forbidding direct action, provided that the cause of action arose in American Samoa. The action may be brought against the insurer alone, or against both the insured and insurer.

History: 1974, PL 13-58 § 1.

Case Notes:

On causes of action arising in American Samoa from any policy of liability insurance, a plaintiff may take direct action against an insurer regardless of whether the policy forbids such action, whether the insured is bankrupt, or whether the plaintiff is suing for personal injury or property damages. A.S.C.A. § 29.1537. Holland v. Haleck’s Island Motors, 15 A.S.R.2d 44 (1990).

Statute granting a right of direct action against an insurer even if a policy forbids such action must be liberally construed to enhance its public policy purpose of allowing direct actions on liability insurance policies. A.S.C.A. § 29.1537. Holland v. Haleck’s Island Motors, 15 A.S.R.2d 44 (1990).

Statutory right of direct action applies to any policy of liability insurance. A.S.C.A. § 29.1537. Holland v. Haleck’s Island Motors, 15 A.S.R.2d 44 (1990).

Plaintiff has a right of direct action against an insurance company. A.S.C.A. § 29.1537. Holland v. Haleck’s Island Motors, 18 A.S.R.2d 2 (1991).