Supreme Court of Texas, The Ohio Casualty Insurance Company v. Patterson-UTI Energy, Inc.; and Marsh USA, Inc., Docket No. 23-0006

Interpretation of Legal Texts

 

Surplusage Canon

 

Texas Law

 

 

 

 

The surplusage canon “has its exceptions.” Whole Woman’s Health v. Jackson, 642 S.W.3d 569, 581 (Tex. 2022). “Like all canons of construction, the surplusage canon ‘must be applied with judgment and discretion, and with careful regard to context.’” Id. at 582 (quoting Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 176–77 (2012). And “we have repeatedly recognized, when faced with legal language that appears repetitive or otherwise unnecessary, that drafters often include redundant language to illustrate or emphasize their intent.” Id. For example, in Philadelphia Indemnity Insurance Co. v. White, the tenant pointed out “an apparent redundancy” in a lease. 490 S.W.3d 468, 477 (Tex. 2016). The lease included “catchall” language providing that the tenant would be responsible for losses not caused by the landlord’s negligence or fault but also specifically provided that the tenant would be responsible for particular types of damage. Id. We noted that “though we strive to construe contracts in a manner that avoids rendering any language superfluous, redundancies may be used for clarity, emphasis, or both.” Id.

 

 

 

 

(Supreme Court of Texas, Dec. 20, 2024, The Ohio Casualty Insurance Company v. Patterson-UTI Energy, Inc.; and Marsh USA, Inc., Docket No. 23-0006)