Kuwait Court of Cassation principle number 4887

The insurance policy concluded by the National Petroleum Company. Is the reference governing the benefits available to its workers in cases of death and total or partial disability resulting from injury or illness, as an additional benefit for them. The insurer’s coverage under it. Its scope is determined by what is agreed upon. Its liability arises within the limits of the risks specified in the policy. - Establishment that the insurance policy covers the case of a person suffering total or permanent disability as a result of illness or accident. Its definition of permanent total disability resulting from illness as that lasting no less than six consecutive months and assessed at no less than 66%. Its coverage of partial disability resulting from an accident and preventing the worker from practising his occupation full-time. Its definition of an accident as one caused by external, violent and sudden means. The worker’s sustaining a disability of 15% as a result of undergoing a surgical operation that is not considered an occupational disease, was not the result of an accident, and where the disability percentage did not reach the percentage stipulated in the policy. Its implication. That the injury is not covered by the insurance. A contrary conclusion vitiates the judgment and requires its cassation.