Kuwait Court of Cassation principle number 3088

The insured must clearly disclose, at the time of concluding the contract, all circumstances known to him which the insurer has an interest in knowing in order to assess the risks it assumes. His silence in that regard or his provision of an incorrect statement that would alter the subject matter of the risk or diminish its importance in the insurer’s view. Its effect. The insurance contract is voidable for the benefit of the insurer, whether the insured acted in good or bad faith. Discovery of the truth before the risk materializes. The insurer may request avoidance of the contract unless the insured accepts an increase in the premium proportionate to the increase in the risk. Discovery of the truth after the risk materializes does not entitle the insurer to request avoidance of the contract, because the risk materialized while the contract was in force and its obligation to pay compensation became due; it cannot therefore escape that obligation by avoidance.