Kuwait Court of Cassation principle number 1924

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 his claim against the liable third party does not prevent him from claiming against the insurer. The insurer’s contention that this waiver entails a release of the person liable for compensation for the injury suffered in the motor accident, so that its effect extends to the insurer. It does not avail it. The reason therefor. Example. - Release is a purely gratuitous disposition by the creditor. - The element of cause in gratuitous dispositions is donative intent. Its existence on the part of the injured person toward the insurance company is inconceivable. The judgment’s disregarding it in relation to that company. This does not vitiate it. Example.