Kuwait Court of Cassation principle number 941

The insurance company may have recourse against the insured for the amount of compensation it may have paid in two cases. Their nature: breach of reasonable conditions or the existence of one of the cases provided for in Article (76) of the Executive Regulations of the Traffic Law. - Subrogation of the payer to the creditor where the payer is liable for the debt on behalf of the debtor or obliged to pay it for him. Statutory subrogation. - The insurer in compulsory insurance against motor vehicle accidents. It and the responsible third party are obliged for the same debt, although the source of each one's obligation differs, and their liabilities concur in its payment. - The payer's obligation for the debt under the same source that binds the other debtor, or the existence of a relationship between them. Neither is necessary for statutory subrogation. It is sufficient that he be liable for the debt with the debtor or obliged to pay it for him. Article 394, Civil Code.