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

Angie Faith's 'Blueprint' for Success

Angie Faith has two reasons to celebrate. First, the veterinarian just gave her Japanese Chin puppy, Cheeky, a clean bill of health after Cheeky unwisely ate a stray piece of Lego.

Cherie DeVille Stars in Latest From Brazzers

Multi-XMAs winner Cherie DeVille stars with 2024 XMAs Male Performer of the Year Zac Wild in the latest Brazzers scene, titled “Cock Support Line.”

Sara Jay, Dan Leal to Sponsor XBIZ Amsterdam Kick-Off Event

Sara Jay’s Wyde Syde Productions and Porno Dan Leal’s Market64 will co-sponsor the Bottoms Up Day Drinking kick-off event for XBIZ Amsterdam 2025 at Excalibur Café on Sept. 2, from 2-4 p.m. (CET).

Connie Perignon Fronts Latest From Brazzers VR

Connie Perignon stars in the latest release from Brazzers VR, titled "A Sugar Daddy’s Point of View."

Octokuro Leads Latest Release From Freeze

Octokuro stars with Sam Bourne in "A Dangerous Encounter" from Freeze.

Lauren Phillips Stars in Latest Episode of 'Mommy's Boy'

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Lawson Jones in the latest episode of Adult Time series “Mommy’s Boy,” titled “He Doesn't Know Me...But You Do.”

Mag Numb Makes Her Debuts for Parasited, Vampired

Mag Numb has made her Parasited and Vampired debuts in the latest Roberto Di Suna-helmed releases from the respective studios.

Equentus Media Names Livie Blainn Content Curator, Bree Austin COO

Equentus Media has named Livie Blainn as its new curator for content and marketing, and Bree Austin as its COO.

MsSexySaigon Makes Studio Debut in Latest From MYLF

Creator MsSexySaigon has made her studio debut in the latest scene from MYLF.

Peach Makes Her WIFEY Debut

Peach stars with husband Dan, Hollywood Cash, and Sheem in the latest release from Vixen Media Group studio imprint WIFEY.

Show More