Kuwait Court of Cassation principle number 3848

The insurer's recourse against the insured where another person drives the insured vehicle while intoxicated. Its prerequisite. The insured's consent to the offender driving his car. Absence of such consent. Effect thereof. Preclusion of the insurer's recourse against the insured for the compensation paid to the injured party. - Determining whether or not the insured permitted another person to drive his car. Within the authority of the court of merits. Consequence thereof. No basis for invoking the insured's liability as the owner and custodian of the vehicle, on whose part fault is presumed. Reason therefor.