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ARTICLE · 10 NOVEMBER 2025

Clear Policy Language Matters: Insights From Busato V. Gore Mutual Insurance Company

Singleton Urquhart Reynolds Vogel LLP
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In Busato v Gore Mutual Insurance Company, 2025 BCCA 79, the Court of Appeal for British Columbia overturned a Supreme Court of British Columbia summary trial decision denying insurance coverage to Mr. Busato, who lost his home in Peachland, BC in April 2017.

CanadaInsurance
Elizabeth Segal
Elizabeth Segal
Daniel Barber
Daniel Barber
Kassandra Starnes
Kassandra Starnes

In Busato v Gore Mutual Insurance Company, 2025 BCCA 79, the Court of Appeal for British Columbia overturned a Supreme Court of British Columbia summary trial decision denying insurance coverage to Mr. Busato, who lost his home in Peachland, BC in April 2017. The insurer, Gore Mutual Insurance Company, rejected Mr. Busato's claim, applying a policy exclusion for properties involved in marijuana cultivation.

Mr. Busato was in chronic pain due to five surgeries between 2006 and 2013 and Health Canada had granted him a license to grow and possess up to 73 medicinal marijuana plants.

In June 2014, Mr. Busato purchased a homeowner's insurance policy from Gore Mutual, which included fire coverage, which he renewed annually. In April 2017, a kitchen fire destroyed his home. As a result of claiming for his loss, the insurer discovered Mr. Busato was growing 25 marijuana plants and denied coverage based on the following policy exclusion:

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