Kuwait Court of Cassation principle number 835

Insurance contract. The insured must state all circumstances known to the insurer at the time the contract is concluded. The insured's failure to do so or provision of an incorrect statement capable of changing the subject matter of the risk or diminishing its importance. Its effect. The contract is voidable. Its condition. The truth emerging before occurrence of the insured risk. - The truth about the insured's circumstances emerging after occurrence of the insured risk. Its effect. The insurance - 156 - Commercial contract may not be avoided. The reason therefor. The risk occurred while the contract was in force, and the insurer's obligation to compensate became due for performance. - The appealed judgment's rejection of the plea of invalidity of the insurance contract because the risk occurred while the contract was in force and the insurer's obligation to pay compensation became due for performance. Correct. Example.