Background:
Carl Tremblett appealed a decision dismissing his claim against TD Insurance Direct Agency Ltd. and Primmum Insurance Company. He sought compensation for property damage due to soil subsidence under his home, which caused foundation cracking. Primmum denied his claim, citing policy exclusions for geological phenomena.

Legal Issues:
The central issue was whether the homeowner’s insurance policy, specifically the "Extended Water Damage Endorsement," covered the damage. Tremblett argued that groundwater, an insured peril, caused the damage. Primmum relied on exclusions for subsidence and ground movement, arguing that the policy clearly excluded coverage for such damages.

Court’s Analysis:
The Court reviewed the policy, which insured against “all risks,” but noted that exclusions, including those for subsidence, applied. The Court determined that the subsidence directly caused the damage, which was unambiguously excluded under the policy. Furthermore, the Extended Water Damage Endorsement did not apply because the water did not directly cause the damage or enter the house.

Decision:
The appeal was dismissed. The Court concluded that the insurance policy’s exclusions were clear, and the damage fell within the subsidence exclusion. The Extended Water Damage Endorsement did not apply.

Costs/Award:
The judgment did not specify a monetary award or costs granted to the successful party, but the appeal being dismissed typically entitles the respondent (Primmum) to costs as per usual legal proceedings.