Narrowing exclusion clauses
This case provides a timely reminder of the care that needs to be taken when considering declinatures based upon the operation of exclusion clauses in policies of insurance. In this case, the High Court reversed the Queensland Court of Appeal and found that an efficacy clause in a product liability had no application in respect to a claim arising from the sale of contaminated seed.
Significant cases, legislation or articles referred to
- Selected Seeds Pty Limited v QBEMM Pty Limited (2009)
- Selected Seeds Pty Limited v QBEMM Pty Limited, QBE Insurance (Australia) Limited QCA
- Selected Seeds Pty Ltd v QBEMM Pty Ltd  HCA
- John Wyeth & Bros Limited v Cigna Insurance Company of Europe SA/NV  EWCA