Kuwait Court of Cassation principle number 3486

The insurer's payment to the insured of the insurance amount against damage. Its effect. Its statutory subrogation to the insured's position against the third party responsible for the damage. This subrogation is confined to the actions available to the insured against the person responsible for the insured damage. Article 801, Civil Code. Its implication. The insurer's payment of compensation to the injured party and the injured party's assignment of his right to compensation to the insurer. These fall outside this scope. - The payer of a debt may be subrogated to the creditor whose right has been satisfied whenever the payer is liable for the debt with the debtor - 643 - Obligation or obliged to discharge it on his behalf under the general rules. Article 394/a, Civil Code. The concurrent obligations of the insurer and the third party responsible for the accident to discharge the debt in civil liability arising from motor vehicle accidents. Its implication. The insurer's payment of compensation to the injured party is simultaneously payment of the debt of the third party responsible for the damage. Its effect. The insurer's statutory subrogation to the injured party's position against the responsible third party. The reason therefor. - The insurer's statutory subrogation to the injured party's position. Its implication. It may have recourse against the responsible person for the compensation it paid, and the right passes to it with its character, accessories and securities. Proof that the person responsible for the damage is a relative or relative by marriage of the insured sharing the same household, or a person for whose acts the insurer is responsible. Its effect. Recourse against him is precluded, owing to the same rationale as the prohibition laid down in Article 801, Civil Code. This concerns public policy. Example concerning the appellant's defence that the insurance company could not have recourse against him for what it paid to the injured parties because he was the son of the owner of the insured vehicle.