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ARTICLE · 10 DECEMBER 2024

Exclusion Clause Sinks Homeowner's Claim In Subsidence Dispute

Miller Thomson
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Tremblett v TD Insurance Direct Agency Ltd., 2024 BCCA 358 demonstrates the importance of well-drafted exclusion clauses in insurance policies. In this case, the BC Court of Appeal ("BCCA")...

CanadaInsurance
Karen Weslowski
Karen Weslowski
Lara Jung
Lara Jung
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Introduction

Tremblett v TD Insurance Direct Agency Ltd., 2024 BCCA 358 demonstrates the importance of well-drafted exclusion clauses in insurance policies. In this case, the BC Court of Appeal ("BCCA") found that the exclusion clause in an insurance policy clearly and unambiguously excluded coverage for damage caused by subsidence. Even though subsidence was only one of several causes of damage to the plaintiff's home, the clear language used in the exclusion clause effectively denied the plaintiff's claim for coverage in full.

Background

Mr. Tremblett is the owner of a property in Okanagan Falls, British Columbia (the "Property"). In February 2020, he purchased a home insurance policy for the Property, including extended water coverage (the "Policy"), from the defendant, Primmum Insurance Company ("Primmum"). Mr. Tremblett left for a short vacation and, upon his return, discovered that his Property, including his house and backyard, had been damaged by

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