HeyJaredAndrea DeField
- Indexed articles, last 90 days
- 2
- Latest publication
- Sep 8, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 8, 2026
Latest articles
When Two Words Do Not Necessarily Do Two Jobs- Legal Doublets and Surplusage in Insurance Policies (opens the original)
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“Loss or damage.” “Caused by or resulting from.” “Faulty, inadequate or defective.” “Direct physical loss of or damage to.” In coverage litigation, phrases like these can launch a familiar argument: if an insurance policy uses two different words, each must mean something different. Otherwise, one of them is surplusage. That argument can have force. But it does not always carry the day. As the Supreme Court cautioned in Rimini Street, Inc. v. Oracle USA, Inc., surplusage is an interpretive clue,
Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance (opens the original)
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Happy 4th and 250 years of freedom . . . to contract! Many policyholders assume insurance policies are “standard” and must be accepted as-is. That assumption is often wrong—and dangerously limiting. Unlike many consumer insurance markets, the commercial insurance realm preserves a robust “freedom to contract,” allowing sophisticated policyholders to negotiate terms, exclusions, definitions, and limits before a policy is even issued. Particularly in recent years, high-profile disputes over cyber
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