Kuwait Court of Cassation principle number 782

The insurer’s statutory subrogation to the insured’s position against the third party responsible for the damage—in insurance against damage—if it pays him the insurance sum. Its condition: the person responsible for the damage must not be a relative or relative by marriage of the insured sharing the same household with him, or a person for whose acts the insured is responsible. The reason for this: so that the insured does not combine the insurance sum and compensation. - Prohibition of recourse by the aforementioned subrogation action. Its relation to public order. The effect thereof. Its extension to all cases of recourse in statutory subrogation, including the case of the insurer paying the insurance sum directly to the injured party and being subrogated to his position pursuant to Article 394/a of the Civil Code. The reason for this: the identical rationale, namely that the benefit of insurance should not be lost to the insured.