Kuwait Court of Cassation principle number 936

The insurer's payment to the insured or the injured party of his entitlement. Its effect. Its subrogation by law to his position in recourse against the liable third party for what it has paid. It may exercise the insured's right with its characteristics and attendant accessories. Its implication. The subrogation action it brings against the third party for the liable party is not considered to arise from the insurance contract, and is therefore time-barred by the same period as the insured's action; that period begins to run against it from the date it begins to run in respect of the insured. An example of a subrogation action brought against an air carrier, which is time-barred upon the passage of two years pursuant to Article 220 of the Commercial Code. - 171 - Commercial