Kuwait Court of Cassation principle number 938

Liability insurance. Its nature. The insurer may be subrogated to the insured in claiming his right against the person responsible for the damage. - The injured party in liability insurance. Is not considered the beneficiary in whose interest insurance was taken out. Reason therefor: the insured does not stipulate for the injured party's benefit but for his own benefit. The effect thereof. - Occurrence or non-occurrence of damage without the insured compensating the injured party for it for a reason attributable to him or to the insured. Its effect. There is no basis for obliging the insurer to pay compensation. Reason therefor. Non-occurrence of the insured risk. - The injured party's action against the insured not being heard because it was brought after expiration of the time limit. Its consequence. Non-occurrence of the insured risk. Its effect. The ancillary action seeking to oblige the insurance company to pay whatever may be awarded against the insured loses its basis. The challenged judgment's reaching this result. The challenge to the reasons stated in justification of its ruling. Ineffectual.