Kuwait Court of Cassation principle number 2950

Payment by the insurer to the insured or injured party. Its effect. Its subrogation by operation of law to that party in recourse against the liable third party for what it has paid, exercising the insured's right with its characteristics and attendant incidents. - A subrogation action brought by the insurer against the third party liable for the accident. It is not considered to arise from the insurance contract. Its implication. It is not subject to the 3-year limitation period provided in Article 807 of the Civil Code, but is time-barred after the same period as the insured's action, namely 3 years commencing on the day the injured party learns of the harm and of the person liable for it. Article 253/a of the Civil Code. - The injured party's knowledge of the harm and of the person liable for it. It arises upon issuance of a final judgment convicting the person responsible for the offence from which the liability action arose, and not from the date the insurer pays the compensation amount to the insured or injured party.