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 © 2026 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

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Cody Arizona in the latest release from Kink.com’s “Divine Bitches” series, titled “Muscle Match Up.”

Rachael Cavalli Leads Latest From Girlsway

Rachael Cavalli stars with Charlie Forde, Summer Kline, and Coco Lovelock in the latest Girlsway release, titled “A Romantic Time for the Whole Fam.”

Kasey Kei Fronts Latest From Evil Angel

Kasey Kei stars with Marica Hase in the latest scene from the Evil Angel series “Transsexual Angel.”

Andi Avalon Leads Latest From Family Strokes

Andi Avalon stars with Joshua Lewis in the latest release from Family Strokes series “Perv Mom.”

Nicole Kitt Stars in 'Daggers' From Elegant Angel

Nicole Kitt stars in Elegant Angel’s new murder mystery, "Daggers."

Dorcel Drops Franck Vicomte's 'Luxure: My Wife's Nights'

Dorcel has released director Franck Vicomte’s latest title, “Luxure: My Wife's Nights.”

Cherie DeVille Featured in 'Choking Ban' Article for Wired Magazine

Multi-XMAs winner Cherie DeVille is featured in a new article in Wired Magazine, titled "A Teen Girl’s Death Is Prompting Calls to Ban Choking in Porn."

Show More