Kuwait Court of Cassation principle number 2519

The insurance contract. The insured's obligation to disclose all circumstances known to the insurer upon conclusion of the contract. The insured's failure to do so or provision of an incorrect statement capable of altering the subject matter of the risk or diminishing its significance. Its effect. The contract is voidable. Its condition. The truth emerges before the insured risk materializes. - The truth concerning the insured's circumstances emerging after the insured risk materializes. Its effect. The insurance - 432 - Commercial contract may not be avoided. The reason for that. The risk materialized while the contract was in existence, and the insurer's obligation to pay compensation became due for performance. - The appealed judgment rejecting the plea of nullity of the insurance contract because the risk materialized while the contract was in existence and the insurer's obligation to pay compensation became due for performance. Correct. Example.