Kuwait Court of Cassation principle number 778

The insurer's payment to the insured or the injured party of their entitlement. Its effect. Its legal subrogation to their position in recourse against the responsible third party for what it paid. It may exercise the insured's right with its characteristics and attendant accessories. The implication of this. The subrogation action it brings against the third party responsible is not considered to arise from the insurance contract and is therefore time-barred by the same period as the insured's action, and that period begins to run against it from the date - 154 - Obligation on which it begins to run in respect of the insured. An example of a subrogation action brought against an air carrier, which is time-barred upon the lapse of two years pursuant to Article 220 of the Commercial Code.