SAN FRANCISCO — (01-28-19) — The 9th U.S. Circuit Court of Appeals affirmed a summary judgement in favor of California’s State Compensation Insurance Fund last Thursday January 24.
The court ruled that a third-party action for a declaration, has no duty to defend Kink.com’s parent company.
The ruling stems from former adult porn stars Cameron Bay, Rod Daily and a John Doe who allegedly contracted HIV during separate porn productions and sued Cybernet Entertainment LLC, Kink.com’s parent company, through the San Francisco Superior Court.
Last year, Former adult porn stars Cameron Bay and Rod Daily settled and dismissed their lawsuits against Cybernet Entertainment LLC last year. The remaining case for John Doe was dismissed with prejudice.
The 9th U.S. Circuit Court of Appeals three-judge panel affirmed the decision by U.S. Judge Yvonne Gonzalez Rogers in favor of State Fund.
Cybernet Entertainment had filed a third-party complaint against the California’s State Compensation Insurance Fund seeking a declaration that the workers compensation insurer had a duty to defend Kink.com in three state court actions filed under a workers compensation and employer’s liability insurance policy.
Last Thursday, the 9th Circuit issued its ruling by agreeing with U.S. Judge Yvonne Gonzalez Rogers and finding that State Fund did not have a duty to defend Cybernet.
Article by: Paul Goldberg, Staff Writer
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