Kuwait Court of Cassation principle number 2208

The insurer’s recourse action against the third party responsible for the damage for the compensation it paid to the injured party. And against the insured where the conditions agreed upon in the insurance policy are breached. Its independence from the subrogation action in which the insurer takes the insured’s place against the third party responsible for the damage. Reason therefor: so that the insured does not combine both the insurance sum and compensation.