Kuwait Court of Cassation principle number 3854

The insurer under compulsory motor accident insurance and the responsible person are obliged in respect of the same debt despite the difference in its source. The effect of this 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 subrogated by operation of law to the injured party’s rights against the responsible 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 subrogation by operation of law. The reason for this. - The insurer is a debtor vis-à-vis the insured or the injured party and a guarantor or surety vis-à-vis the responsible person. The effect of this. 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 responsible person.