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No clause without effect

  • Piper Alderman
  • -
  • Australia
  • -
  • March 4 2011

In Selected Seeds Pty Ltd v QBEMM Pty Ltd and Ors 2010 HCA 37 the High Court considered whether QBEMM Pty Ltd (the Insurer) was entitled to rely upon an efficacy clause in an insurance policy to deny liability to its insured, Selected Seeds Pty Ltd (Selected Seeds), who were sued by a grower in connection with the supply of contaminated seed