Insurance Unit Allows Filing Complaints Against Insurance Companies Refusing to Enforce Final Court Rulings
A decision has been issued allowing individuals and companies to file complaints against insurance companies that refuse to enforce final court rulings.
Translated by Qiyas from الجريدة — Original source
The Insurance Regulatory Unit announced the issuance of a decision allowing individuals, private companies, and government entities to file complaints regarding final, declared, and unexecuted court rulings against insurance companies that refuse to comply. This move is part of the unit’s efforts to strengthen adherence to judicial rulings and protect the rights of customers interacting with the insurance sector.
The unit clarified that this decision represents a new addition to the complaints framework, enabling holders of final, declared, and unexecuted court rulings to benefit from an additional supervisory channel through the electronic complaints system in cases where insurance companies refuse to implement rulings issued against them, alongside ongoing judicial enforcement procedures.
The unit explained that the right to file a complaint extends to both natural and legal persons, including companies and government entities, in accordance with the procedures and controls specified for each category. If the complainant is a legal entity, the complaint must be submitted through an authorized representative who electronically authenticates the submission using their personal identity via the “Huwiyati” application, filing the complaint in their capacity as a representative of the entity, along with attaching the power of attorney, the final court ruling, and supporting documents for judicial enforcement.
The unit noted that acceptance of the complaint requires that the court ruling be final, that no order has been issued by the competent judicial authority to suspend its enforcement, that an enforcement file has been opened with the relevant authority, and that at least one month has elapsed since the declaration of the executable version without the ruling being enforced. Supporting documents proving compliance with these conditions must be attached.
The unit emphasized that complaints meeting the requirements will be referred to the competent Complaints Committee, which will forward non-compliant entities to the relevant administration to take the prescribed legal measures against them, which may include revoking the license to conduct business for the violating entity.
The unit also indicated that this procedure covers final court rulings issued in favor of insurance companies against other insurance companies, concerning the recovery of due amounts arising from insurance operations, thereby reinforcing the adherence to financial rights and obligations among companies operating in the sector.
In this context, Talal Al-Muharbi, Director of the Legal Department at the unit, stated: “Respecting and implementing final court rulings constitutes a fundamental legal obligation for all entities under the supervision of the unit. Refusal to enforce such rulings must not be used as a means to delay fulfilling the rightful claims of their owners. From this perspective, the unit has sought to provide an additional supervisory channel that enables holders of final, declared, and unexecuted court rulings to file their complaints, allowing the unit to exercise its legal authorities under its founding law against non-compliant entities, up to the revocation of their business licenses. This comes in line with the unit’s commitment to enhancing discipline and legal compliance, protecting the rights of all parties, and strengthening confidence in the Kuwaiti insurance sector.”
He emphasized that receiving these complaints does not serve as a substitute for judicial enforcement procedures, nor does it conflict with the jurisdiction of judicial authorities; rather, it complements them and serves to implement and enforce the provisions of Law No. (125) of 2019 concerning the Regulation of Insurance, as an additional supervisory measure aimed at enhancing the effectiveness of insurance companies’ compliance with final judicial rulings, and ensuring their continued fulfillment of legal obligations in accordance with Articles (52) and (55) of the aforementioned law. Talal Al-Moharib concluded by affirming that this decision reflects the Unit’s commitment to developing its supervisory tools beyond addressing complaints related to insurance claims, extending to handling cases of refusal to implement final judicial rulings, thereby strengthening the protection of policyholders’ rights and reinforcing the principles of justice, transparency, and accountability among entities operating in the insurance sector.
