Kuwait Court of Cassation principle number 2319

The general rule is the contracting parties' freedom to modify the rules of contractual liability. Its criterion. - A provision in the insurance contract that the insurance company shall not be liable for compensation if the insured breaches a condition therein not to exceed the speed limit permitted by the Traffic Department. A reasonable restriction. - Where a condition is expressed in general, unrestricted terms, it may not be restricted or its generality limited without a limiting provision. Example in an insurance contract. - Breach of the condition agreed upon to mitigate the insurer's liability. Its effect. The insurer's right of recourse against the insured for the compensation it paid. - 401 - Commercial