Bailer v. Erie Insurance Exchange
Maryland Court of Appeals
687 A.2d 1375 (1997)
- Written by Rich Walter, JD
Facts
Byron Bailer (plaintiff) secretly videotaped his family’s au pair as the woman was taking a shower. The au pair filed a tort claim against Bailer for unreasonably invading her privacy. Bailer was insured under a personal-catastrophe-liability (PCL) policy issued by Erie Insurance Exchange (Erie) (defendant). Although the policy expressly enumerated personal-injury claims based on invasion of privacy as indemnifiable, the policy also expressly excluded coverage for any intentionally inflicted harm. Erie refused to defend or indemnify Bailer against the au pair’s claim. Bailer settled the claim out of court but sued Erie to recoup his settlement costs. The trial court entered judgment for Erie. Bailer appealed, and the Maryland Court of Appeals granted certiorari before an intermediate court could rule on the case.
Rule of Law
Issue
Holding and Reasoning (Rodowsky, J.)
What to do next…
Here's why 824,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
