Chapter 10 deals with the position where one of the terms is an exclusion clause.
There is no nuclear exclusion clause in health insurance policies.
There is no general power to strike down unreasonable exclusion clauses.
The case concerned the scope of an exclusion clause in a maritime insurance policy.
In this situation, the exclusion clause is only valid if agreed to after the start of arbitration.
They therefore developed a number of rules to restrict reliance on exclusion clauses.
Those rules were largely developed in cases concerned with exclusion clauses, and they obviously apply here.
The final step is to evaluate whether the exclusion clause should not be enforced on public policy grounds.
This exclusion clause was considered to be unreasonable on the basis of the following factors.
Further up the chain there may be an exclusion clause which would prevent any contract action.
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