Law360 Canada ( November 21, 2024, 2:30 PM EST) -- Appeal by Tremblett from an order dismissing his application for a declaration finding respondent Primmum Insurance Company ("Primmum") liable to compensate Tremblett for the loss and damage to his home under the Policy. Tremblett's home suffered damage due to the subsidence of the soil beneath it, resulting in foundation cracks. Tremblett reported the damage to Primmum and claimed the loss under his homeowner's insurance policy. However, Primmum denied the claim based on certain exclusions in the policy. Tremblett argued that the Extended Water Damage Endorsement in the policy provided coverage for the loss caused by groundwater. He contended that "settling" and "subsidence" were synonymous terms used interchangeably in the policy, and that groundwater was an "insured peril" under the endorsement and the exclusion clause. He further argued that the exclusions cited were ambiguous and should be resolved in his favour. Primmum maintained that the policy exclusions clearly applied. Primmum argued that the damage was caused by subsidence, which was explicitly excluded under the policy. Primmum also contended that the Extended Water Damage Endorsement did not apply because the water did not directly cause the damage or enter the house....