Kuwait Court of Cassation principle number 91

Insurance contract. The insured must state all circumstances known to the insurer at the time of concluding the contract. The insured’s failure to do so or his submission of an incorrect statement that would alter the subject matter of the risk or diminish its significance. Its effect. The contract is voidable. Its condition. The truth emerging before the insured risk materializes. - The truth of the insured’s circumstances emerging after the insured risk materializes. Its effect. The insurance contract may not be annulled. Reason therefor. The risk materialized while the contract was in force and the insurer’s obligation to compensate became due for performance. - The appealed judgment’s rejection of the plea of nullity of the insurance contract because the risk materialized while the contract was in force and the insurer’s obligation to pay compensation became due for performance. Correct. Example.