Kuwait Court of Cassation principle number 2391

The insurer's payment to the insured or injured party of his entitlement. Its effect. Its statutory subrogation to his position in recourse against the liable third party for what it paid. It may exercise the insured's right with its characteristics and appurtenances. Its implication. The subrogation action it brings against the liable third party is not regarded as arising from the insurance contract and is therefore subject to the same limitation period as the insured's action; that period begins to run against it from the date on which it runs against the insured. An example of a subrogation action brought against an air carrier and subject to a limitation period of 2 years pursuant to Article 220 of the Commercial Code. - 462 - Obligation