Kuwait Court of Cassation principle number 1468

The State’s guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for his injury. This guarantee does not arise if another person is bound to compensate for the same injury. The consequence thereof: the person paying the injured party may not recover what was paid from the State, whether through a subrogation action or pursuant to an assignment of rights. Example: where a worker’s heirs are entitled to compensation under the Labour Law, the State’s obligation under the subsidiary guarantee does not arise.