Kuwait Court of Cassation principle number 2327

The subrogation action brought by the insurer against the third party responsible for the accident. Is not considered to arise from the insurance contract and is not subject to the 3-year limitation period under Article 807 of the Civil Code. It is time-barred by the same period applicable to the insured's action, namely 3 years commencing on the day the injured party becomes aware of the damage and of the person responsible for it. This is established by 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 the compensation amount to the injured party. - 449 - Obligation - Issuance of a final judgment establishing the right and its acquisition of res judicata force. Its effect: the adjudicated right is time-barred upon the lapse of 15 years from issuance of that judgment, whatever the period originally prescribed for barring the claim before its issuance. An example.