Insured denied coverage following fire loss on basis that residence was vacant for more than 30 days prior to loss 

Insured denied coverage following fire loss because residence was vacant for more than 30 days prior to loss.

Insurance law – Homeowner’s insurance – Vacancy exclusion – Interpretation of policy – Misrepresentation in obtaining insurance – Material change in risk; Practice – Summary judgments.

Trecartin v. Sonnet Insurance Co., [2026] N.B.J. No. 107, New Brunswick Court of King’s Bench – Trial Division, April 30, 2026, M. Hamou J.

The insured obtained a home insurance policy from the insurer. The property was destroyed by fire. The insurer denied coverage on the basis that the property had been vacant for more than 30 days.

The insured brought a claim against the insurer and sought partial summary judgment on coverage arguing the insurer had no basis to deny coverage. The insured asserted the property was not vacant as it was furnished and regularly visited with the intent of returning.

The insurer also sought summary judgment on the coverage denial seeking a dismissal of the claim. The insurer maintained the policy was void due to misrepresentation in the policy of insurance as to the occupancy of the property, failure to disclose material information as to the disconnection of power, and vacancy for more than 30 consecutive days.

The court granted the insurer’s application for summary judgment. The court was not satisfied there were residents on the property or that they had an intention to return. The court held the property had been vacant for at least 30 days prior to the loss.

This case was digested by Cameron B. Elder and edited by Steven W. Abramson of Harper Grey LLP.  If you would like to discuss this case further, please feel free to contact them directly at [email protected] or [email protected].