Heesens Yacht Builders BV v Cox Syndicate Management Ltd. & Anor
Decision date: 6 April 2006
Neutral citation: [2006] EWCA Civ 384
Court: Court of Appeal (Civil Division)
Insurance classification confidence: high
Overall AI summary confidence: medium
Short overview
A short description of the case, material issue, and outcome where supported by the judgment.
AI confidence in this overview: medium
This dispute concerned whether a Builders Risk/Guarantee Risks insurance policy covered a yacht (Red Sapphire) that was delivered during the policy period but whose construction had begun before the policy began. The Court of Appeal held the guarantee cover applied only to vessels "as per building risks policy," meaning vessels on which construction had started within the insured period, so the Red Sapphire was not covered and the appeal was allowed.
Ratio decidendi
The legal reasoning necessary to the outcome, where it can safely be identified from the judgment.
AI confidence in this ratio summary: medium
The policy phrase "Per: Vessels, yachts as per building risks policy" must be given its natural meaning: guarantee risks attach only to vessels whose construction (risk attachment) began within the insured period, so a vessel delivered during the policy period but whose construction commenced earlier is not covered.
Obiter dicta
Judicial observations that were not necessary to the outcome, where they can safely be identified.
AI confidence in this obiter summary: low
No clear obiter dicta can safely be identified from the judgment.
Warning
The automated summary was prepared from selected parts of a longer judgment; consult the original decision for the complete reasoning. The middle of the judgment was omitted, which may limit access to some detailed reasoning or ancillary findings.