Kuwait Court of Cassation principle number 503

All types of insurance. Their subjection to the provisions of the Civil Code, with due regard to what special legislation provides for a particular type thereof. Article 809 of the Civil Code. - Transfer of ownership of the insured thing to a particular successor. Its effect. Transfer of the insurance contract with the thing to the successor by operation of law. The new owner of the thing becomes the insured in place of the original insurer, and the latter’s obligations and rights pass to him. This is not altered by the provisions of Article 11 of Traffic Law No. 81 of 1976 concerning the requirement to notify the General Traffic Department upon transfer of ownership to another and to transfer the licence within the period it specified, with the vehicle’s owner remaining jointly and severally liable with the new owner until the date of transfer of the licence or return of the number plates to the competent section of the Department. - Recourse by the insurance company against the insured for compensation it has paid. Its cases. The insurer may not have recourse against the insured so long as no breach by the latter of any obligation contained in the policy is established. The necessary consequence. Restriction of the right of subrogation granted to the insurer under Article 394 of the Civil Code to persons other than the insured. An example.