Kuwait Court of Cassation principle number 777

Subrogation of the payer to the creditor’s rights where the payer is liable for the debt with the debtor or obliged to pay it on his behalf. - The insurer under compulsory insurance against motor vehicle accidents. It and the responsible third party are liable for the same debt, although the source of each liability differs, and their liabilities concur in its payment. The insurer’s payment to the injured party is payment of the responsible third party’s debt. The effect of this. The insurer’s statutory subrogation to the injured party’s rights against the third party. Its right of recourse against him for compensation it has paid. - The payer’s liability for the debt arising from the same source as the other debtor’s liability, or the existence of a connection between them. Neither is necessary for statutory subrogation. It suffices that the payer is liable for the debt with the debtor or obliged to pay it on his behalf. Article 394, Civil Code.