Kuwait Court of Cassation principle number 1372

Subrogation of the payer to the creditor’s position whenever the payer is liable for the debt with the debtor or is obliged to pay it on his behalf. - The insurer under compulsory motor accident insurance. It and the liable third party are bound by the same debt, even though the source of each one’s obligation differs. Their liabilities are in solidum for its payment. The insurer’s payment to the injured party is payment of the liable third party’s debt. The effect thereof. Statutory subrogation of the insurer to the injured party’s position against the third party. Its right of recourse against him for the compensation it paid. - 260 - Obligation - The payer being bound by the debt under the same source as the other debtor, or the existence of a relationship between them. Neither is necessary for statutory subrogation. It is sufficient that he be liable for the debt with the debtor or obliged to pay it on his behalf. Article 394 of the Civil Code.