Kuwait Court of Cassation principle number 3866

The insurer’s payment to the insured or the injured party of the amount due. Its effect. Statutory subrogation to that party’s rights of recourse against the liable third party for the amount paid. The insurer may exercise the insured’s right with its attributes and attendant accessories. The consequence. The subrogation action brought against the liable third party is not considered to arise from the insurance contract and is therefore time-barred after the same period as the insured’s action; that period begins to run against the insurer from the date on which it begins to run against the insured. Example of a subrogation action brought against an air carrier, which is time-barred upon the lapse of two years pursuant to Article 220 of the Commercial Code.