Kuwait Court of Cassation principle number 2138

Subrogation of the payer to the creditor's rights whenever the payer is liable for the debt on behalf of the debtor or is obliged to discharge it for him. - The insurer under compulsory motor accident insurance. The insurer and the liable third party are bound by the same debt, although the source of each one's obligation differs, and their liabilities concur in discharging it. The insurer's payment to the injured party constitutes discharge of the liable third party's debt. Effect of this. The insurer's statutory subrogation to the injured party's rights against the third party. Its right of recourse against him for the compensation it paid. - The payer being bound by the debt pursuant to the same source that binds the other debtor, or the existence of a connection between them. Neither is necessary for statutory subrogation. It suffices that the payer is liable for the debt with the debtor or obliged to discharge it for him. Article 394, Civil Code.