
Insurance practitioners know that policy language matters. Insurance coverage advocates are also well aware that the application of the canons of construction can significantly affect contested coverage matters. These two considerations came together in a recent Fifth Circuit opinion, in which the placement of a single word — the word “the” — proved to be outcome determinative. The appellate court’s decision so clearly presents these fundamental policy interpretation issues, it should be mandatory reading for anyone involved in insurance policy wording issues. A copy of the Fifth Circuit’s opinion can be found here. A July 10, 2025 LinkedIn post about the decision by Geoffrey Fehling of the Hunton Andrews Kurth law firm can be found here.Continue Reading Does the Word “The” Change an Exclusion’s Meaning?