Kuwait Court of Cassation principle number 2194

Recourse by the insurance company against the insured for the amount of compensation it may have paid. Cases thereof: breach of the contractual restrictions specified in the insurance policy or the existence of one of the cases specified in Article 76 of the Executive Regulations of the Traffic Law. Rationale therefor. - An insurer’s recourse action against the insured for the compensation paid to the injured party, based on the insured’s breach of the terms of the insurance policy. It is time-barred upon the expiry of three years from the day of the insurer’s death with the amount of compensation to the injured party, since that event gave rise to its right of recourse. Example. - 406 - Civil Procedure - Insurer’s recourse action:-