An insurance company is under no obligation to defend the owners of a marina who videotaped female customers and employees in a shower room and then showed the tapes in a local bar, the Second Circuit Court of Appeals has ruled.

A unanimous, three-judge panel reversed a lower court’s finding that the marina owners never intended to make the videotapes public and therefore did not intentionally inflict emotional distress in Commercial Union Assurance Co. v Oak Park Marina Inc., 99-7513.

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