Insurer Has No Duty to Defend Kink.com, 9th Circuit Rules

Insurer Has No Duty to Defend Kink.com, 9th Circuit Rules

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals on Thursday affirmed a summary judgment in favor of an insurer in its third-party action for a declaration that it has no duty to defend Kink.com’s parent company.

Former adult performers Cameron Bay, Rod Daily and a John Doe allegedly contracted HIV during separate shoots and sued Cybernet Entertainment LLC at San Francisco Superior Court.

Last year, Bay and Daily’s lawsuits were settled and dismissed; Doe’s case was dismissed with prejudice. None of the settlements were publicly disclosed.

In a memorandum opinion, a three-judge panel at the 9th Circuit affirmed the decision by U.S. Judge Yvonne Gonzalez Rogers in favor of State Fund.

Cybernet Entertainment filed a third-party complaint against State Fund seeking a declaration that the workers' comp insurer had a duty to defend Kink.com in three state court actions filed under a workers’ compensation and employer’s liability insurance policy.

The adult performers argued that their work was outside the scope of workers’ compensation because the 2013 shoots were outside the “compensation bargain.”

Rogers found that an express exclusion in the studio’s policy bars actions for intentional torts and that plaintiffs’ non-intentional tort claims are preempted by a provision of workers’ compensation.

On Thursday, the 9th Circuit issued its opinion in the case, agreeing with Rogers and finding that State Fund did not have a duty to defend Cybernet.

View ruling

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

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Bella Spark, Kelly Collins Star in Finale of VMG Cross-Site Feature 'Bang and Burn'

Bella Spark and Kelly Collins star with Vixen Media Group exclusive Jason Luv in the final installment of the cross-site spy feature "Bang and Burn."

Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Kaela Luna Makes Her TransAngels Debut

Kaela Luna has made her TransAngles debut alongside Parker Savage and Harrison Feels in “Jackhammering Kaela.”

Adult Time Marks April Fool's Day With 5 Satirical Releases

Adult Time is marking April Fool’s Day with the release of satirical scenes from five of its series.

Adult Time Wraps Production on Bree Mills' Feature 'Escape From Camp Conversion'

Adult Time has wrapped production on its latest feature, the Bree Mills-helmed "Escape From Camp Conversion," from its Girlcore studio brand.

Daisy Fox Makes Her TeamSkeet Debut

Daisy Fox makes her TeamSkeet debut in the latest episode of the studio series "She's New," titled "A Foxy Little Newcomer," with Nicky Rebel.

Elizabeth Skylar Performs Her 1st B/B/G in Latest From New Sensations

Elizabeth Skylar has performed her first B/B/G in the latest scene from New Sensations, with Codey Steele and Milan Ponjevic.

Show More