Kuwait Court of Cassation principle number 1489

Insurance against damage. The insurer’s payment of the insurance sum to the insured. Its effect. Its subrogation to the insured’s position against the third party responsible for the damage. The reason therefor: preventing the insured from combining the insurance sum and compensation. - Subrogation. It occurs in the actions available to the insured against the person responsible for the damage insured against. The import thereof. Its scope excludes the case of payment of the compensation amount to the injured party. - Subrogation of the payer to the creditor’s position whenever the payer is liable for the debt together with the debtor or is obliged to pay it on his behalf. - The insurer under compulsory motor accident insurance. Its liability and that of the responsible third party for the same debt, even though the source of each differs, and their concurrent liability for its payment. The insurer’s payment to the injured party is payment of the debt of the responsible third party. 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. The exception: the insured’s relatives and relatives by marriage living with him in one household, and persons for whose acts the insured is responsible. The reason therefor. Its connection with public policy. Example.