Bailer v. Erie Insurance Exchange

RODOWSKY, Judge.

This appeal involves the construction of a personal catastrophe liability policy when the claim against the insured alleges invasion of privacy. The policy expressly covers invasion of privacy as “personal injury,” but the policy then excludes “personal injury ... expected or intended” by the insured. Because of this ambiguity, and as more fully explained below, we shall hold that the policy covers.

The appellants, Byron C. Bailer and Victoria Bailer, husband and wife, own, as their primary residence, a dwelling in Rockville, Maryland. At all times relevant to the instant…