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DBAs: Back Again, With a Not Necessarily Surprising Decision

Massachusetts highest court refuses to expand coverage beyond “DBA" in named insured, resulting in no coverage for $14m consent judgment in April 2022. This case has made its way through the Massachusetts court system over the last several years raising concerns for agents.

A common question asked of the Virtual University relates to the use of DBAs when naming the insured. “Should the DBA be used?" “Is using the DBA required?" and similar questions.

Now, at least in Massachusetts, and possibly up to five additional states, using a DBA may limit the scope of activities covered by the policy. The Massachusetts Supreme Court references similar findings in Wisconsin and Florida. Other states where similar cases appear to have concluded the DBA may limit coverage include California, Louisiana, North Dakota and Pennsylvania.

The Virtual University has written about this issue previously. Click here to link to the article for more detail.

Click here to read the Massachusetts Supreme Court decision.

First published: May 13, 2022