Kuwait Court of Cassation principle number 2199

The obligation of the owner of a motor vehicle to insure against civil liability is stipulated for the benefit of third parties. The injured person's right of recourse against the insurer. A direct right derived from the law. Its conditions. That the vehicle be insured and its driver's liability for the damage be established, whether or not he is a subordinate of the insurer. Whether or not he is permitted to drive it. The implication thereof. The injured person is not required to obtain a judgment establishing liability for the material or to join the insured in his direct action, and compensation may be determined by agreement between the injured person and the insurer. Its effect. The court of merits may establish the absence of excessiveness therein or collusion. - 407 - Civil Procedure