Catchwords
Insurance – Product liability insurance - Insurance policy - Indemnity - Exclusion clause - Appellant seed merchant sold contaminated seed - Planting of seed by third party resulted in damage to property - Exclusion of liability caused by or arising from "the failure of any Product to correctly fulfil its intended use or function" - Proper construction of exclusion clause - Whether liability for damage arose out of failure of product to fulfil its intended use or function - Distinction between product failing to fulfil intended use or function and causing positive harm.
Words and phrases – "intended use or function".