Kuwait Court of Cassation principle number 2277

Payment by the insurer to the insured or the injured party. Its effect. Its statutory subrogation to that party’s position in recourse against the liable third party for what it paid, exercising the insured’s right with its characteristics and attendant accessories. - The subrogation action brought by the insurer against the third party liable for the accident. Is not considered to arise from the insurance contract. Implication thereof. It is not subject to the three-year limitation period provided in Article 807 of the Civil Code, but is time-barred after the same period as the insured’s action, namely three years beginning on the day the injured party learned of the damage and the person liable for it. Article 253/a of the Civil Code. - The injured party’s knowledge of the damage and the person liable for it. Established by the issuance of a final judgment convicting the person responsible for the offence from which the liability action arose, and not from the date on which the insurer paid the compensation sum to the insured or the injured party. - Possessory action:-