Kuwait Court of Cassation principle number 1228

The insurer’s payment of the entitlement of the insured or the injured party. Its effect. Its subrogation by operation of law to that party’s recourse against the responsible third party for the amount paid. It may exercise the insured’s right with its characteristics and appurtenances. The consequence of this. The subrogation action it brings against the responsible third party is not considered to arise from the insurance contract and is therefore subject to the same limitation period as the insured’s action; that period begins to run against it from the date it begins to run against the insured. An example of a subrogation action brought against an air carrier, which becomes time-barred upon the lapse of two years pursuant to Article 220 of the Commercial Law.