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National Law Review
National Law Review
7/8/2026
The original title is about commercial insurance and the freedom to contract. Let me rewrite this for a mobile feed.

The original title is about commercial insurance and the freedom to contract. Let me rewrite this for a mobile feed.

Original: Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance

Short summary

Commercial insurance policies are negotiated contracts, not take-it-or-leave adhesion agreements. Recent disputes like Merck's NotPetya cyber coverage and COVID-19 business interruption claims show how upfront negotiation of definitions, exclusions, and endorsements can prevent costly coverage gaps. Policyholders should actively shape policy terms during underwriting rather than accepting standard language.

  • Commercial insurance preserves freedom to contract for sophisticated policyholders
  • Merck NotPetya case shows war exclusion negotiation is critical
  • COVID-19 BI disputes highlight need for pandemic-specific endorsements

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