Kuwait Court of Cassation principle number 1463

Insurance against damage. The insurer's payment of the insurance amount to the insured. Its effect. Its legal subrogation to the insured against the third party liable for the damage. The reason therefor: that the insured should not combine the insurance amount and compensation and should not receive the amount of the damage sustained twice. - Subrogation applies to the actions the insured has against the person liable for the insured damage. The rule prohibiting recourse against the insured's relatives or persons for whose acts the latter is responsible pursuant to Article 801 of the Civil Code applies where the insurer under compulsory motor accident liability insurance seeks recourse for the compensation it paid to the injured party for damage resulting from the accident. This relates to public policy. Its application whether recourse is based on the provisions of legal subrogation or assignment of rights, because the rationale is the same.