Kuwait Court of Cassation principle number 929

Subrogation of the payer to the creditor when the payer is obligated for the debt with the debtor or obligated to discharge it on his behalf. - The insurer under compulsory insurance against motor vehicle accidents. It and the responsible third party are obligated for the same debt, even though the source of each obligation differs, and their liabilities are concurrent in discharging it. The insurer's payment to the injured person is payment of the responsible third party's debt. The effect thereof. The insurer's statutory subrogation to the injured person against the third party. Its right of recourse against him for the compensation it has paid. - The payer's obligation for the debt under the same source as the other debtor's obligation, or the existence of a connection between them. Neither is necessary for statutory subrogation. It suffices that he is obligated for the debt with the debtor or obligated to discharge it on his behalf. Article 394, Civil Code. - 170 - Commercial