Kuwait Court of Cassation principle number 3719

The insurer under compulsory insurance against motor vehicle accidents and the liable person are bound by the same debt despite its different sources. Effect thereof: their concurrent liability for its payment. Payment of the debt by the former constitutes payment of the latter’s debt, and the former is subrogated by operation of law 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 having the same subject matter. Both types coincide regarding the effect of payment in terms of subrogation by operation of law. Reason therefor. - The insurer is a debtor vis-à-vis the insured or the injured party and a guarantor or surety vis-à-vis the liable person. Effect thereof. Its subrogation by operation of law to the injured party’s rights if it pays him the debt, and its entitlement to recourse against the liable person. - When subrogation by operation of law enjoys a prohibition relating to public policy and if the liable person is a relative or relative by marriage of the insured sharing the same household with him, or is someone for whose acts the insurer is responsible. Reason therefor. Example.