Kuwait Court of Cassation principle number 2153

The insurer’s recourse action against the liable third party for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutory provision or assignment. - Subrogation of the payer to the creditor’s rights where the payer is liable for the debt with the debtor or obliged to pay it on his behalf. - The insurer under compulsory motor accident insurance. It and the liable third party are bound by the same debt, although the source of each obligation differs, and their patrimonies are concurrently liable for its payment. The insurer’s payment to the injured party constitutes payment of the liable third party’s debt. The effect thereof. Statutory subrogation of the insurer to the injured party’s rights against the third party. Its right of recourse against him for the compensation it paid. Example.