Kink.com to Appeal Judge's Ruling on Insurance Policy

Kink.com to Appeal Judge's Ruling on Insurance Policy

SAN FRANCISCO — Kink.com plans on appealing a federal judge’s ruling that could force the BDSM content producer to defend itself against suits brought by three former performers who claimed they contracted HIV during shoots.

On Friday, U.S. Judge James Donato granted Atain Specialty Insurance Co.’s motion for summary judgment after he found that a “physical-sexual abuse exclusion” exempts the insurer from covering claims arising from sexual activity.

Kink counsel Karen Tynan told XBIZ today that as a result of the declaratory ruling for summary judgment she’ll file a notice of appeal next week.

“From the beginning these were claims that had no scientific basis — with testing, it's fairly easy to figure out if anyone on-set had HIV, let alone transmitted it —  and were roundly dismissed, even in the the press,” Tynan said.

“But a BDSM company — even one that keeps extensive records on everything from consent to condom preference — has to deal with a lot of ingrained confusion and bias outside the Armory walls.”

Tynan said that she thought the claimants — former performers Cameron Bay, Rod Daily and an unidentified John Doe — had been counting on that confusion by making “sensational allegations in their original filings”

“Not surprisingly for an insurance company, Attain has been looking for a way not to have to pay for costs associated with fighting these claims, so they cited a sexual abuse exclusion. But the exemption was meant for insurance policies for schools and churches, not adult sets.”

In the case, Atain sued Kink CEO Peter Acworth and his companies in November 2015, claiming it has no duty to cover litigation costs related to the suits filed by the three performers who each claimed they contracted HIV while filming various adult videos.

All three claimed in separate suits that they were subjected to unprotected sex with members of the general public and told they’d be out of a job if they asked to use condoms.

The suits each sought unspecified compensatory and punitive damages, while alleging negligence, fraudulent representation, civil conspiracy to commit fraud, negligent supervision, intentional infliction of emotional distress and premises liability, among other charges. 

Bay alleged in her claim that she likely became infected after exposed to bloodborne pathogens on a PublicDisgrace.com production in July 2013.

Bay conditionally settled her suit against the studio in mid-October; however, terms of the proposed settlement have not been made public.

Daily, who was said to have performed exclusively in gay and TS scenes during his porn career, claimed he was infected in August 2013 after he shot for Kink on three occasions, including for the websites TSSeduction.com, KinkMen.com, BoundInPublic.com and NakedKombat.com. Daily’s case is scheduled to go to trial on May 14.

Doe claimed he worked on a BoundInPublic.com shoot in January 2013 and later found that he was infected with HIV. His case is scheduled to go to trial on Aug. 6.

Donato in his decision on Friday said that the language of the policy’s “physical-sexual abuse exclusion” is not ambiguous in the context of Kink’s policy and the circumstances of the case.

“Because the contractual language is clear and explicit, it governs,” he wrote in a six-page brief.

Donato’s ruling comes about three weeks after Kink suffered another setback in federal court over insurance issues involving the three performers.

In that case, U.S. District Judge Yvonne Gonzalez Rogers found that California’s State Insurance Compensation Fund and Seneca Insurance Co. also have no duty to defend Kink.com in HIV-related suits.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Elegant Angel Premieres Nicole Kitt Showcase 'Cats Eye'

Nicole Kitt gets the spotlight in a new four-part showcase release from Elegant Angel.

Private Releases 'The Love Hotel 2'

Private has released “The Love Hotel 2,” directed by Dave Menich.

Ember Fiera, Jesse Pony Headline 'TS Girls Do It Best' Sequel From TransSensual

Ember Fiera and Jesse Pony topline the sequel to “TS Girls Do It Best” from Mile High Media studio imprint TransSensual.

Khloe Kapri, Melissa Stratton Topline 'Lesbian Trainer 3' From Sweetheart Video

Khloe Kapri and Melissa Stratton headline the third volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Gal Ritchie Toplines Dorcel's 'Pigalle'

2025 XMAs winner Gal Ritchie stars with Clara Mia in the latest feature from Dorcel, titled “Pigalle.”

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Penthouse Names Sharna Beckman July's 'Pet of the Month'

Penthouse Magazine has named Australian model Sharna Beckman as Pet of the Month for July.

Show More