Kuwait Court of Cassation principle number 3163

The insurer under compulsory motor-accident insurance and the liable person are obligated for the same debt despite the difference in its source. The effect thereof is their concurrent liability for its payment. Payment of the debt by the former is payment of the latter's debt, and the former is legally subrogated to the injured party's rights against the liable person. - A joint and several obligation has a single source, whereas a concurrent obligation has multiple sources despite the unity of its subject matter. The two types coincide as regards the effect of payment in terms of legal subrogation. The reason therefor. - The insurer is a debtor towards the insured or the injured party and a guarantor or surety towards the liable person. The effect thereof.