Kuwait Court of Cassation principle number 923

The insurer's statutory subrogation, to the extent of the compensation it has paid, to the insured's actions against the person legally liable for the damage insured against, unless the other is liable for his acts. The contrary implication of that. A person who has not yet acquired the status of insured is not entitled to invoke the prohibition on the insurer's recourse against him for the act of his subordinate who caused the damage. The defence relating to that. A material defence. The judgment's failure to address it. Inadequacy requiring its cassation. Example.