Kuwait Court of Cassation principle number 2150

The insurer's payment to the insured of the amount of insurance against damage. Its effect. Its statutory subrogation to the insured against the third party responsible for the damage. Restriction of this subrogation to the actions the insured has against the person responsible for the damage insured against. Article 801 Civil Code. Its import. The insurer's payment of compensation to the injured party and the injured party's assignment of his right to compensation to the insurer. These fall outside this scope. - The person paying the debt may be subrogated to the creditor who has received satisfaction of his right whenever the payer is obligated for the debt with the debtor or obligated to pay it on his behalf pursuant to the general rules. Article 394/a Civil Code. The concurrent liability of the insurer and the third party responsible for the accident for payment of the debt in civil liability arising from motor vehicle accidents. Its import. The insurer's payment of compensation to the injured party is, at the same time, payment of the debt of the third party responsible for the damage. Its effect. The insurer's statutory subrogation to the injured party against the responsible third party. The reason for this. - The insurer's statutory subrogation to the injured party. Its import. It may have recourse against the responsible person for the compensation it paid, and the right passes to it with its character, accessories and securities. Establishment that the person responsible for the damage is a relative or relative by marriage of the insured, among those sharing a single household with him, or a person for whose acts the insurer is responsible. Its effect. Recourse against him is barred because the rationale is the same as that of the prohibition prescribed by Article 801 Civil Code. This concerns public policy. An example concerning the appellant's plea that the insurance company may not have recourse against him for what it paid to the injured parties because he is the son of the owner of the insured vehicle.