Kuwait Court of Cassation principle number 885

The injured party’s recourse against the insurer for the compensation due to him because of an accident involving the insured car. Its prerequisite. Establishment of the insured’s liability for the accident. The reason: the compulsory motor vehicle insurance system is based merely on covering the insured’s liability for accidents involving those vehicles to ensure that the injured party obtains compensation from solvent, financially capable insurance bodies. A final ruling that the insured is not liable. Its effect. Absence of the basis for recourse against the insurer for compensation. The judgment nevertheless ordering it to pay. An error in the application of the law requiring its cassation.