68Contracts affecting rights of subrogation

#### 68 Contracts affecting rights of subrogation (1) Where a contract of general insurance includes a provision that has the effect of excluding or limiting the insurer’s liability in respect of a loss by reason that the insured is a party to an agreement that excludes or limits a right of the insured to recover damages from a person other than the insurer in respect of the loss, the insurer may not rely on the provision unless the insurer clearly informed the insured in writing, before the contract of insurance was entered into, of the effect of the provision. (2) The duty of disclosure does not require the insured to disclose the existence of a contract that so limits the insured’s rights.