Kuwait Court of Cassation principle number 1693

The rule is the contracting parties’ freedom to modify the rules of contractual liability. Its criterion. - A provision in an 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. Among reasonable restrictions. - A condition expressed in general, absolute terms may not be restricted or its generality narrowed without a qualifying provision. Example in an insurance contract. - 331 - Obligation - Breach of the condition agreed upon to mitigate the insurer’s liability. Its effect. The insurer’s right of recourse against the insured for the compensation it paid.