Kuwait Court of Cassation principle number 3864

An insurer’s recourse action against the third party responsible for the damage for the compensation it paid to the injured party, and against the insured in the event of a breach of the conditions agreed upon in the insurance policy. Its independence from the subrogation action in which the insurer takes the insured’s place against the third party responsible for the damage. The reason: so that the insured does not receive both the insurance amount and compensation together.