Kuwait's Insurance Regulatory Unit has issued a decision that allows individuals, private companies and government bodies to file complaints against insurance companies that refuse to carry out final court rulings issued against them, according to Al-Jarida. The decision is part of the unit's efforts to strengthen compliance with court rulings and protect the rights of people and businesses dealing with the insurance sector.
The unit said the decision adds a new route to its complaints system. Holders of final court rulings that have been formally notified but not carried out can use an additional supervisory channel through the electronic complaints system when insurers refuse to comply, alongside the court enforcement procedures.
Both natural persons and legal entities, including companies and government bodies, may file complaints under the procedures and rules set for each category. A legal entity must file through an authorised person, who signs in electronically under his or her own name via the "Hawyti" app and files the complaint as the entity's representative, attaching the letter of authorisation, the final court ruling and the documents supporting the court enforcement.
For a complaint to be accepted, the ruling must be final, no competent judicial authority may have ordered a stay of its execution, an enforcement file must have been opened with the competent authority, and at least one month must have passed since formal notification of the enforcement order without the ruling being carried out. Documents proving these conditions must be attached.
Complaints that meet the conditions will go to the competent complaints committee. The committee will refer the entities that refuse to the relevant department for legal action, which may go as far as cancelling the offending entity's licence to operate.
The procedure also covers final court rulings won by insurance companies against other insurers over the recovery of amounts due from insurance business, strengthening compliance with financial rights and obligations among companies in the sector.
Talal Al-Muhareb, Director of the Legal Department at the unit, said: "Respecting and carrying out final court rulings is a fundamental legal obligation for all entities under the unit's supervision, and refusing to carry out these rulings must not be a means of delaying payment of what is owed to the people entitled to it. On this basis, the unit has made an additional supervisory channel available, enabling holders of final rulings that have been notified but not carried out to file complaints. This allows the unit to use its legal powers under its founding law against non-compliant entities, up to cancelling their licence to operate. This is part of its commitment to strengthening discipline and compliance with the law, protecting the rights of all parties and building trust in Kuwait's insurance sector."
Al-Muhareb stressed that accepting these complaints does not replace court enforcement procedures and does not conflict with the powers of the judicial authorities. Instead, it supports them. It applies Law No. 125 of 2019 on insurance regulation and serves as an additional supervisory measure to strengthen insurers' compliance with final court rulings and ensure they keep meeting their legal obligations under Articles 52 and 55 of that law.
Al-Muhareb said the decision reflects the unit's commitment to developing its supervisory tools beyond handling complaints about insurance claims, so that they also cover refusals to carry out final court rulings. He said this strengthens the protection of policyholders' rights and reinforces fairness, transparency and accountability among entities working in the insurance sector.
