Kuwait Court of Cassation principle number 922

The insurer's payment of the insurance amount to the insured under damage insurance. Its effect. Its legal subrogation to his rights against the liable party. The rationale therefor. This subrogation is confined to the case in which the insured pays the insurance amount rather than compensation. - Legal subrogation. Its general rule is the subrogation of the payer to the rights of the creditor whom he has paid, whenever the payer is obligated together with the debtor or on his behalf. The insurer's obligation under compulsory motor vehicle insurance is an obligation to compensate the injured party, arising from the insurance contract, whereas the liable party's obligation arises from the harmful act.