Kuwait Court of Cassation principle number 3872

The obligation of the owner of motor vehicles to insure against civil liability is stipulated for the benefit of third parties. The injured party’s right of recourse against the insurer is a direct right derived from the law. Its conditions. That the vehicle is insured and its driver’s liability for the damage is established, whether or not the driver is subordinate to the insurer and whether or not entitled to drive it. The import thereof. The injured party is not required to obtain a judgment establishing liability for the accident or to join the insured in the direct action, and compensation may be determined by agreement between the injured party and the insurer. Its effect. The court of merits may ascertain the absence of exaggeration therein or delay.