Kuwait Court of Cassation principle number 1719

The insurer and the third party responsible for the accident are liable for the compensation debt, although the source of each one’s obligation differs. The difference in that source for each of them. Its effect. Their concurrent liability for it. - The injured party’s waiver of a claim against the responsible third party does not prevent him from claiming against the insurer. The insurer’s contention that that waiver entails a discharge of the person liable for compensation for the damage suffered from the vehicle accident, so that its effect extends to the insurer. Of no avail to it. The reason therefor. An example. - Discharge is a purely gratuitous disposition by the creditor. - The element of cause in gratuitous dispositions is donative intent. Its presence in the injured party towards the insurance company is inconceivable. The judgment’s disregarding it in relation to the company. Does not vitiate it. An example.