Kuwait Court of Cassation principle number 939

The insurer's payment to the insured of the damage insurance amount. Its effect. Its statutory subrogation to the insured's rights against the third party responsible for the damage. This subrogation is confined to actions available to the insured against the person responsible for the insured damage. Article 801, Civil Code. Its implication. The insurer's payment of compensation to the injured party and the injured party's assignment of his right to compensation to the insurer. They fall outside this scope. - The person paying a debt may be subrogated to the creditor who has received his entitlement whenever the payer is obligated for the debt with the debtor or obligated to pay it on his behalf under the general rules. Article 394/a, Civil Code. The concurrent obligations of the insurer and the third party responsible for the accident to pay the debt in civil liability arising from motor accidents. Its implication. The insurer's payment of compensation to the injured party simultaneously discharges the debt of the third party responsible for the damage. Its effect. The insurer's statutory subrogation to the injured party's rights against the responsible third party. The reason for this. - The insurer's statutory subrogation to the injured party's rights. Its implication. It may have recourse against the responsible person for the compensation it paid, and the right passes to it with its character, accessories, and securities. Proof that the person responsible for the damage is a relative or relative by marriage of the insured sharing the same household, or a person for whose acts the insurer is responsible. Its effect. Recourse against him is barred because the rationale is the same as that of the prohibition in Article 801 of the Civil Code. This relates to public policy. An example concerning the appellant's plea that the insurance company may not have recourse against him for what it paid to the injured parties because he is the son of the owner of the insured vehicle. - 172 - Commercial