Kuwait Court of Cassation principle number 774

The insurer’s payment of the insurance sum to the insured in insurance against damage. Its effect. Its statutory subrogation to his position against the person responsible. The reason for this. This subrogation is confined to the case in which the insured pays the insurance sum rather than compensation. - Statutory subrogation. Its general rule is the subrogation of the payer to the creditor whom he paid whenever the payer is bound with the debtor or bound on his behalf. - 153 - Obligation - The insurer’s obligation under compulsory motor insurance is an obligation to compensate the injured party originating in the insurance contract, whereas the obligation of the person responsible originates in the harmful act.