Kuwait Court of Cassation principle number 2128

The insurer under compulsory motor-accident insurance and the person liable are obligated for the same debt, notwithstanding the difference in its source. The effect thereof: their liability in solidum for its discharge. Payment of the debt by the former constitutes payment of the latter's debt, and the former is subrogated by operation of law to the injured party against the person liable. - A joint and several obligation has a single source, whereas an obligation in solidum has multiple sources notwithstanding the unity of its subject matter. The two types coincide as regards the effect of payment in terms of legal subrogation. The reason therefor. - The insurer is a debtor vis-à-vis the insured or the injured party and a guarantor or surety vis-à-vis the person liable. The effect thereof. His subrogation by operation of law to the injured party if he pays him the debt, and his right of recourse against the person liable. - When legal subrogation enjoys a prohibition relating to public policy and if the person liable is a relative or relative by marriage of the insured sharing the same household, or a person for whose acts the insurer is responsible. The reason therefor. An example.