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Alien vs. Policyholder

By Seth A. Tucker

In recent years, there has been a proliferation of lawsuits brought in the United States by citizens of other countries alleging violations of international law. Using a statute known as the Alien Tort Claims Act (“ATCA”) or the Alien Tort Statute, the plaintiffs have obtained federal-court jurisdiction for a wide variety of claims against individuals and corporations, based overwhelmingly on allegations of harm occurring overseas.

Such claims against corporations bring in their wake insurance issues of vital importance to the corporate defendants. Although alien tort claims are still relatively novel, long-standing principles of insurance law, and judicial precedents established based on more familiar fact patterns, should provide helpful guidance to companies facing these claims.

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