Kuwait Court of Cassation principle number 3869

The insurer’s recourse action against the liable person for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutory provision or an assignment of rights made by the injured party. - Subrogation of the payer to the creditor’s rights whenever the payer is bound by the debt with the debtor or bound to pay it on his behalf. - The insurer under compulsory insurance against motor vehicle accidents. It and the liable third party are bound by the same debt, even though the source of each one’s obligation differs, and their patrimonies are concurrently liable for its payment. Payment by the insurer to the injured party constitutes payment of the liable third party’s debt. Effect thereof. Subrogation by operation of law 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. - Impermissibility of the insurer’s recourse against the insured, his relatives and relatives by marriage residing with him, and the persons for whom he is responsible:-