Kuwait Court of Cassation principle number 2214

The insurer’s statutory subrogation to the insured’s rights against the third party responsible for the damage—in insurance against damage—if it pays him the insurance amount. Its condition: the person responsible for the damage must not be a relative or relative by marriage of the insured living in the same household, or a person for whose acts the insured is responsible. The reason for this: so that the insured does not combine the insurance amount and compensation. - The prohibition of recourse through the aforementioned subrogation action. Its connection with public policy. The effect thereof. Its application to all cases of recourse by statutory subrogation, including the case where the insurer pays the insurance amount directly to the injured party and is subrogated to his rights pursuant to Article 394/a of the Civil Code. The reason for this: identity of the rationale, namely that the benefit of insurance should not be lost to the insured. - 410 - Procedure - An action for annulment of the contract:-