Kuwait Court of Cassation principle number 1264

The insurer under compulsory motor accident insurance and the person liable. Their obligation concerns the same debt despite the difference in its source. Effect thereof. Their concurrent liability in discharging it. Payment of the debt by the former constitutes payment of the latter's debt, and the former is subrogated by law to the injured party's rights against the person liable. - A joint and several obligation has a single source, whereas a concurrent obligation has multiple sources despite the unity of its subject matter. The two types coincide as regards the effect of payment in terms of statutory subrogation. Reason for this. - The insurer is a debtor towards the insured or injured party and a guarantor or surety towards the person liable. Effect thereof. Its statutory subrogation to the injured party's rights if it pays the debt to him, and its right of recourse against the person liable.