Kuwait Court of Cassation principle number 2104

The subrogation action brought by the insurer against the third party responsible for the accident. It is not considered to arise from the insurance contract. The consequence thereof. It is not subject to the three-year limitation period provided for in Article 807 of the Civil Code, but is time-barred after the same period as the insured’s action, namely three years beginning on the day the injured party learns of the damage and the person responsible for it. Art. 253/a, Civil Code. - The injured party’s knowledge of the damage and the person responsible for it. It is established by the issuance of a final judgment convicting the person responsible for the offence from which the liability action arose, and not from the date on which the insurer paid the amount of compensation to the insured or the injured party. Limitation of an action for recovery of what was paid without entitlement - unjust enrichment: