Kuwait Court of Cassation principle number 3767

The insurer's legal subrogation, to the extent of compensation it has paid, in the actions of the insured and the person legally responsible for the insured damage, unless the latter is responsible for his acts. The contrary implication thereof. A person who has not yet acquired the status of insured is not entitled to invoke the preclusion of the insurer's recourse against him for the act of his subordinate who caused the damage. The defence relating thereto. A material defence. The judgment's failure to respond to it. Inadequacy requiring its cassation. Example.