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.
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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