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.

According to the underlying action, Rodriguez was arrested and had pleaded no contest to the criminal charges. The Mellos sued Rodriguez for negligence and intentional infliction of emotional distress.