Kuwait Court of Cassation principle number 2211

The insurer’s recourse action against the liable person for compensation paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s position. The basis for this subrogation. A statutory provision or an assignment of the right made by the injured party. - Subrogation of the payer to the creditor’s position where the payer is bound by the debt together with the debtor or is bound to discharge it on the debtor’s behalf. - The insurer under compulsory insurance against motor vehicle accidents. Its obligation and that of the liable third party concern the same debt, although the source of each differs, and their liabilities are concurrent in discharging it. The insurer’s payment to the injured party is - 409 - Civil Procedure payment of the liable third party’s debt. Effect thereof. Statutory subrogation of the insurer to the injured party’s position against the third party. Its right of recourse against that party for compensation paid. Example.