Kuwait Court of Cassation principle number 3261

The insurer's recourse action against the person liable for the compensation it paid to the injured party. Its basis. The insurer's subrogation to the injured party's rights. Basis of this subrogation. A provision of law or an assignment of the right made by the injured party. - Subrogation of the payer to the creditor's rights where the payer is liable for the debt with the debtor or obliged to discharge it on his behalf. - The insurer under compulsory motor accident insurance. It and the liable third party are bound by the same debt, even though the source of each obligation differs, and their patrimonies are concurrently liable for its discharge. Payment by the insurer to the injured party constitutes payment of the liable third party's debt. 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. Liability of the direct actor