Kuwait Court of Cassation principle number 1392

The insurer’s recourse action against the liable person for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party. The basis of this subrogation. A statutory provision or an assignment of rights made by the injured party. - Subrogation of the payer to the creditor where the payer is bound by the debt with the debtor or bound to discharge it on the debtor’s behalf. - 264 - Obligation - The insurer under compulsory motor accident insurance. It and the liable third party are bound by the same debt, although the source of each one’s obligation differs, and their liabilities are concurrent in discharging it. Payment by the insurer to the injured party constitutes discharge of the liable third party’s debt. Its effect. Statutory subrogation of the insurer to the injured party against the third party. Its right of recourse against that party for the compensation paid.