Kuwait Court of Cassation principle number 2103

The insurer’s payment to the insured or the injured party of his entitlement. Its effect. The insurer’s subrogation by law to his position in recourse against the responsible third party for what it paid. It may exercise the insured’s right with its characteristics and appurtenances. - 404 - Obligation The consequence thereof. The subrogation action it brings against the responsible third party is not considered to arise from the insurance contract and is therefore subject to the same prescriptive period by which by which the insured’s action is prescribed; its period begins to run against it from the date it runs in respect of the insured. An example of a subrogation action brought against an air carrier and prescribed upon the lapse of two years pursuant to Article 220 of the Commercial Law.