Kuwait Court of Cassation principle number 1458

The insurer’s action for recourse against the responsible 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 issued by the injured party. - Subrogation of the payer to the creditor where the payer is obligated for the debt with the debtor or obligated to discharge it on his behalf. - The insurer under compulsory motor accident insurance. It and the responsible third party are obligated for the same debt, although the source of each differs, and they are concurrently liable for its discharge. The insurer’s payment to the injured party is payment of the responsible third party’s debt. The effect thereof. Statutory subrogation of the insurer to the injured party against the third party. Its right of recourse against him for the compensation it paid. Example.