Kuwait Court of Cassation principle number 1014

The insurer’s payment to the insured or injured party of his entitlement. Its effect. Its subrogation by operation of law to his position in recourse against the liable third party for what it paid. It may exercise the insured’s right with its characteristics and accompanying accessories. The consequence thereof. The subrogation action it brings against the liable third party is not considered to arise from the insurance contract, and is therefore subject to the same limitation period as the insured’s action; that period begins to run against it from the date on which it begins to run against the insured. An example of a subrogation action brought against an air carrier, which is time-barred upon the lapse of two years pursuant to Article 220 of the Commercial Code.