Kuwait Court of Cassation principle number 2220

The subrogation action brought by the insurer against the third party liable for the accident. Is not considered to arise from the insurance contract and is not subject to the three-year limitation period under Article 807 of the Civil Code. It is time-barred by the same period as the insured's action, namely three years beginning on the day the injured party learns of the damage and of the person liable for it. This occurs upon issuance of a final judgment convicting the person responsible for the offence from which the liability action arose, and not from the date the insurer pays compensation to the injured party. - Issuance of a final judgment establishing the right and its acquisition of the force of res judicata. Its effect: the adjudicated right becomes time-barred fifteen years from the issuance of that judgment, whatever the period originally prescribed for barring a claim to it before its issuance. Example.