Kuwait Court of Cassation principle number 2507

The insured’s obligation, clearly at the time of concluding the contract, all circumstances known to him which it is important for the insurer to know in order to assess the risks it assumes. His silence concerning this or his provision of an incorrect statement capable of changing the subject matter of the risk or diminishing its importance in the insurer’s view. Its effect. The insurance contract - 430 - Commercial is voidable for the benefit of the insurer, whether the insured acted in good or bad faith. Discovery of the truth before the occurrence of the risk. The insurer may seek avoidance of the contract unless the insured accepts an increase in the premium proportionate to the increase in the risk. Discovery of the truth after the occurrence of the risk does not permit the insurer to seek avoidance of the contract, because the risk occurred while the contract was in force and its obligation to compensate became due for performance, and it cannot therefore release itself from it by avoidance.