Kuwait Court of Cassation principle number 676

The motor vehicle owner’s obligation to insure against civil liability is stipulated for the benefit of third parties. The injured party’s right of recourse against the insurer is a direct right derived from the law. Its conditions. The vehicle must be insured and its driver’s liability for the damage must be established, whether or not he is subordinate to the insurer. Whether or not he was permitted to drive it. The implication - 136 - Obligation of this. The injured party is not required to obtain a judgment establishing liability for the accident or to join the insured in his direct action, and compensation may be determined by agreement between the injured party and the insurer. Its effect. The trial court may ascertain that there is no exaggeration in it or collusion.