Kuwait Court of Cassation principle number 1008

The insurer and the third party responsible for the accident are liable for the compensation debt, even though the source of each party’s obligation differs. The difference in this source for each of them. Its effect. Their concurrent liability for it. - 184 - Commercial - The injured party’s waiver of a claim against the liable third party does not prevent him from claiming against the insurer. The insurer’s contention that this waiver entails a release of the party liable to compensate for the damage suffered in the motor accident, so that its effect extends to the insurer. It does not avail it. The reason for this. An example. - Release is a purely gratuitous disposition by the creditor. - The element of cause in gratuitous dispositions is donative intent. Its presence in the injured person toward the insurance company is inconceivable. The judgment’s disregard of it in relation to that company. Does not vitiate it. An example.