Kuwait Court of Cassation principle number 85

The insurer's payment to the insured of the insurance amount against damage. Its effect. Its legal subrogation to the insured's rights against the third party responsible for the damage. Restriction of this subrogation to the actions available to the insured against the person responsible for the insured damage. Article 801, Civil Code. Its import. The insurer's payment of compensation to the injured person and the injured person's assignment of his right to compensation to the insurer. They fall outside this scope. - The person paying a debt may be subrogated to the rights of the creditor who has received payment whenever the payer is obligated for the debt with the debtor or obligated to pay it on his behalf pursuant to the general rules. Article 394/a, Civil Code. The concurrent liability of the insurer and the third party responsible - 23 - Obligation for the accident for payment of the debt in civil liability arising from motor vehicle accidents. Its import. The insurer's payment of compensation to the injured person is at the same time payment of the debt of the third party responsible for the damage. Its effect. The insurer's legal subrogation to the injured person's rights against the responsible third party. The rationale for this. - The insurer's legal subrogation to the injured person's rights. Its import. It may have recourse against the responsible person for the compensation it paid, and the right passes to it with its character, accessories, and securities. Establishment that the person responsible for the damage is a relative or relative by marriage of the insured who lives in the same household with him, or a person for whose acts the insurer is responsible. Its effect. Preclusion of recourse against him because of the same rationale as the prohibition prescribed by Article 801 of the Civil Code. This pertains to public policy. Example concerning the appellant's defense that the insurance company may not have recourse against him for what it paid to the injured persons because he is the son of the owner of the insured vehicle.