Kuwait Court of Cassation principle number 940

Payment by the insurer to the insured or the injured party. Its effect. Its statutory subrogation to the latter's right of recourse against the responsible third party for what it paid, exercising the insured's right with its characteristics and attendant accessories. - The subrogation action brought by the insurer against the third party responsible for the accident. Is not considered to arise from the insurance contract. Its consequence. It is not subject to the 3-year limitation period stipulated in Article 807 of the Civil Code, but is time-barred after the same period as the insured's action, namely 3 years beginning on the day the injured party learns of the damage and the person responsible for it. Article 253/1, Civil Code. - The injured party's knowledge of the damage and the person responsible for it. Established by the issuance of a final judgment convicting the person responsible for the crime from which the liability action arose, not from the date the insurer paid compensation to the insured or injured party.