Kuwait Court of Cassation principle number 2148

Liability insurance. Its nature. Permissibility of the insurer's subrogation to the insured in claiming his right from the person liable for the damage. - The injured party in liability insurance. He is not considered the beneficiary in whose interest the insurance is taken out. Reason: the insured does not stipulate for the injured party's benefit but for his own benefit. Effect thereof. - 373 - Commercial - Occurrence or non-occurrence of damage without the insured compensating the injured party for it, for a reason attributable to him or to the insured. Effect thereof. There is no basis for obliging the insurer to pay compensation. Reason therefor. The insured risk has not materialised. - The injured party's action against the insured not being heard because it was brought after expiry of the time limit. Its implication. The insured risk has not materialised. Its effect the incidental action seeking to oblige the insurance company to pay whatever may be awarded against the insured its basis. The challenged judgment reaching this conclusion. The criticism of the reasons it stated to justify its ruling. Ineffectual.