Kuwait Court of Cassation principle number 2147

The insurer's cover. Its scope. Liability insurance relates to the insured's assets and is predominantly indemnificatory in character. The insurer may be subrogated to the insured in claiming his right from the person responsible for the damage. The injured party may not be regarded as the beneficiary in whose interest the insurance was effected. The reason therefor. - The insured's recourse against the insurance company by an action for indemnity after her liability to the injured party was established. The company's plea that her right to claim compensation from it had lapsed because it was unable to be subrogated to her in recourse against the person who caused the accident, as the injured party had allowed his action to become time-barred. The judgment's disregard of this defence. Does not vitiate it. The reason therefor.