Kuwait Court of Cassation principle number 780

Payment by the insurer to the insured or the injured party. Its effect. Its legal subrogation to his position in recourse against the responsible third party for what it paid, exercising the insured’s right with its characteristics and its ancillary rights. - The subrogation action brought by the insurer against the third party responsible for the accident. Is not considered to arise from the insurance contract. The consequence thereof. It is not subject to the three-year limitation period provided for in Article 807 of the Civil Code, but is time-barred by the same period applicable to the insured’s action, namely three years commencing on the day the injured party learns of the damage and of the person responsible for it. Art. 253/1 Civil Code. - The injured party’s knowledge of the damage and of the person responsible for it. Established upon the issuance of a final judgment convicting the person responsible for the crime from which the liability action arose, not from the date on which the insurer paid the compensation amount to the insured or the injured party.