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 © 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

TeamSkeet to Premiere New Series 'Under The Table'

TeamSkeet will debut its new limited series, "Under the Table" next month.

Brazzers Debuts New Series 'Bro Code'

Brazzers has released the first installment of its new limited series, "Bro Code."

Emma Rosie Leads Latest Volume of 'Oil Explosion' From Elegant Angel

Emma Rosie stars in the 10th volume of Elegant Angel’s “Oil Explosion.”

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Daniella Renae Headlines 2nd Volume of 'Big Tit MILFs' From Reality Junkies

Daniella Renae toplines the second volume of "Big Tit MILFs" from Mile High Media studio imprint Reality Junkies.

Private Releases 2nd Volume of 'Horny Women: Mid-Life Crisis'

Private has released the second volume of “Horny Women: Mid-Life Crisis,” directed by Xavi Rocka.

Charlie Forde, Mickey Mod & Derek Kage Star in 'A Surprise for Charlie' From Dorcel

Charlie Forde stars with Mickey Mod and multi-XMAs winner Derek Kage in “A Surprise for Charlie,” from Dorcel.

VMG Celebrates 10th Anniversary of 'Vixen' Imprint

Vixen Media Group (VMG) is marking the 10th anniversary of its flagship studio imprint, Vixen.

Gal Ritchie, Rissa May Lead Latest From Bellesa Plus

Gal Ritchie and Rissa May star in the new release from Bellesa Plus, titled “Double-Booked.”

Ivy Ireland Toplines Vince Karter's 'Back to Dark'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Back to Dark.”

Show More