Is Hidden Camera in Neighbor's Bathroom Covered by Homeowners Policy?

The U.S. District Court for the District of Hawaii has found no duty to defend, and no coverage from a homeowners policy in a case where the insured was sued for planting a hidden camera in his neighbor’s bathroom. The case is State Farm Fire & Cas. Co. v. Rodriguez, No. 19-00567 JMS-KJM, 2021 U.S. Dist. LEXIS 22161 (D.Haw. Feb 5, 2021).

Byron and Rita Mello (the Mellos) brought the underlying action against the insured, Alex Rodriguez (Rodriguez) alleging that Rodriguez secretly installed a hidden miniature surveillance camera in their bathroom.  According to the suit, the discovery of the camera, and the new awareness that someone had snuck into their home and placed a hidden camera in their bathroom shocked and outraged the Mellos and their children. A SIM card from the camera revealed pictures of the Mellos, their children, and included a few pictures of Rodriguez, as he was installing and adjusting the camera in the bathroom.