Kuwait Court of Cassation principle number 4242

Insurance against damage. The insurer’s payment of the insurance amount to the insured. Its effect. Its statutory subrogation to the insured’s position against the third party responsible for the damage. The reason: the insured must not combine the insurance amount with compensation or receive the amount of the damage sustained twice. - Subrogation applies to actions available to the insured against the person responsible for the insured damage. Application of the prohibition on recourse against the insured’s relatives or persons for whose acts the latter is responsible under Article 801 Civil Code where the insurer under compulsory motor accident liability insurance seeks recourse for compensation paid to the injured party for damage resulting from the accident. This pertains to public order. Its application whether recourse is based on statutory subrogation or assignment of rights, because the rationale is the same. - Prohibition on recourse where relatives and relatives by marriage cause the accident. It suffices for its application that they share a household with the insured, without requiring that the latter support them continuously and permanently. The challenged judgment’s adherence to this view. Consistent with the correct law. The challenge against it in this regard. Incorrect.