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22.2018 Right of direct action.

Cite as [A.S.C.A. § 22.2018]

Notwithstanding any provision in a policy to the contrary, an 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 such policy contains a provision forbidding such direct action, provided that the cause of action arose in American Samoa. Such action may be brought against the insurer alone, or against both the insured and insurer.

History: 1972, PL 12-65 § 1.

Case Notes:

Does not provide substantive right for estate of decedent. Lamisa v. Continental Ins. Co., ASR (1978).

American Samoa Government is an injured party entitled to bring direct action against insurer of tort feasor when it paid insured’s medical expenses as required by statute. American International Underwriters v. A.S.G.. 3 A.S.R.2d 115 (1986).

Territorial government which was required by law to pay for an accident victim’s medical expenses, and which had paid these expenses, was an “injured person” within the meaning of a statute allowing injured person to bring direct action against the insurer of a person alleged to have caused the accident. A.S.C.A. § 22.2018. American International Underwriters v. American Samoa Government, 3 A.S.R.2d 115 (1986).

Insurance Company may be sued directly for the wrongful acts of its insured. A.S.C.A. § 22.2018 Sataua v. Himphill, 5 A.S.R.2d 61 (1987), 22-43