Kuwait Court of Cassation principle number 781

The insurer’s action for recourse against the liable third party for compensation paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutory provision or assignment. - 155 - Obligation - Subrogation of the payer to the creditor’s rights whenever the payer is obliged to pay the debt together with the debtor or is obliged to discharge it on the debtor’s behalf. - The insurer under compulsory motor accident insurance. It and the liable third party are obliged to discharge the same debt, although the sources of their respective obligations differ, and their liabilities are concurrent in discharging it. Payment by the insurer to the injured party discharges the liable third party’s debt. Its effect. The insurer’s statutory subrogation to the injured party’s rights against the third party. Its right of recourse against that party for the compensation paid. Example.