Kuwait Court of Cassation principle number 1683

The contracting parties may modify the rules of contractual liability where the modification is within the limits of the law and public policy. A provision in the insurance contract that the insurance company is not liable for compensation if the insured breaches a condition therein not to exceed the speed limit permitted by the Traffic Department. If the condition is expressed in general, unrestricted terms, it may not be restricted or its general scope narrowed without a qualifying provision. An example in an insurance contract. Breach of the agreed condition mitigating the insurer’s liability. Its right of recourse against the insured for the compensation it paid.