Kuwait Court of Cassation principle number 3851

Recourse by the insurance company against the insured for the amount of compensation it has paid. Its cases. The insured’s breach of the contractual restrictions specified in the insurance policy, or the existence of one of the cases specified in Article 76 of the Executive Regulations of the Traffic Law. - The challenged judgment’s conclusion that the insurance company has the right of recourse against the insured to recover the compensation it paid because he breached the conditions of the insurance policy by driving the vehicle without a valid driving licence, although the insurance policy contains no obligation upon the appellant not to drive the insured vehicle without obtaining a valid permit from the General Traffic Department. Defective reasoning, violation of the law, and an error in its application requiring its cassation.