Kuwait Court of Cassation principle number 779

Liability insurance. Its nature. Permissibility of the insurer’s subrogation to the insured in claiming his entitlement from the person liable for the harm. - The injured party in liability insurance. Is not considered the beneficiary for whose benefit the insurance is taken out. The reason therefor: the insured does not stipulate for the injured party’s benefit but for his own benefit. The effect thereof. - Occurrence or non-occurrence of the harm without the insured compensating the injured party for it, for a reason attributable to the latter or to the insured. Its effect. No basis for obliging the insurer to pay compensation. The reason therefor. Non-occurrence of the insured risk. - Non-admissibility of the injured party’s action against the insured because it was brought after expiry of the time limit. Its implication. Non-occurrence of the insured risk. Its effect. The incidental action seeking to oblige the insurance company to pay whatever may be awarded against the insured loses its basis. The challenged judgment’s arrival at this conclusion. An objection to the reasons stated in justification of its ruling. Ineffectual.