Kuwait Court of Cassation principle number 3576

The insurer’s right of recourse against the insured to recover compensation it may have paid if it is established that the driver of the car, whether the insured or a person whom he permitted to drive it, caused the accident while in an abnormal condition due to intoxication. The criterion for this recourse. Proof that the insured expressly or implicitly permitted and agreed to the violation in this respect. Inferring this permission. A matter for the trial court. Invoking the liability of the car’s owner as its custodian in this sphere. There is no basis for it. The reason therefor.