Kuwait Court of Cassation principle number 2156

The insurer's statutory subrogation to the insured's rights against the third party responsible for the damage—in damage insurance—if it pays him the insurance amount. Its condition: the person responsible for the damage must not be a relative or relative by marriage of the insured sharing his household, or a person for whose acts the insured is responsible. The rationale therefor: so that the insured does not combine the insurance amount and compensation. - The prohibition on recourse through the aforementioned subrogation action. Its connection with public policy. The effect thereof. Its extension to all cases of recourse by statutory subrogation, including the insurer's payment of the insurance amount directly to the injured party and its subrogation to his rights - 375 - Commercial pursuant to Article 394/a Civil Code. The reason therefor: the identity of the rationale, namely that the benefit of insurance should not be lost to the insured. Exemption