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

Angela White Stars in New Interactive Scene From Brazzers

Multi-XMAs winner Angela White stars with reigning and two-time XMAs Europas Male Performer of the Year Christian Clay in a new interactive release from Brazzers, titled “Taking Angela Back To Your Place.”

Marvin Love Directs 'Rich and Horny Weirdos' for Brazzers

Brazzers has released a new scene directed by Marvin Love, titled “Rich and Horny Weirdos.”

Julia James, Sage Hunter Topline 'Lesbian Sister In-Laws' Sequel

Julia James and Sage Hunter headline the latest release from Girlfriends Films, titled “Lesbian Sister In-Laws 2.”

Jade Greene Fronts Latest From TeamSkeet

Jade Greene stars with Nicky Rebel in the latest release from TeamSkeet.

Bree Mills Wraps Production on Pure Taboo Thriller 'Let Me In Too'

Adult Time has announced that production has wrapped on the Bree Mills thriller sequel "Let Me In Too."

Emma Rosie, Rebel Rhyder Topline Latest Volume of 'Hookup Hotshot: E-Girls'

Emma Rosie and Rebel Rhyder headline Brian Gozzling’s “Hookup Hotshot: E-Girls 28” from Evil Angel.

Agatha Vega Fronts Latest From Ricky's Room

Reigning XMA Europas Female Performer of the Year Agatha Vega stars in the latest release from Ricky's Room, titled "Agatha Habla Sucio."

Taylor Vixxen Makes Her MILFY Debut

Taylor Vixxen has made her debut for Vixen Media Group (VMG) studio imprint MILFY, alongside Dan Damage.

Catherine Knight Makes Her Vixen Debut

Catherine Knight has made her Vixen debut alongside Dan Damage.

Andi Avalon Headlines 'Slutty Nurses 3' From Reality Junkies

Andi Avalon toplines the third volume of "Slutty Nurses" from Mile High Media studio imprint Reality Junkies.

Show More