Last Friday, a federal judge ruled that Kink.com's insurer was responsible for covering legal costs over lawsuits by performers infected with HIV while filming for the company.

 

Atain Specialty Insurance Company had tried to argue that Kink.com should have to take care of its own legal bills and any possible settlements in three lawsuits currently pending against the porn producer. Performers Cameron Bay, Rod Daily and a "John Doe" allege they became infected while working on Kink.com sets.

 

Atain's attorneys claimed that the studio assumed any liability when it permitted bareback sex to be filmed.

 

Bay and Daily said they became infected from unprotected sex with members of the public. "John Doe" is claiming that he became HIV+ following a shoot for Bound in Public.

 

U.S. District Judge James Donato ruled that the insurance company was responsible for all litigation based on sexual activity being filmed because those involved were paid to have sex.

 

“The presence or absence of HIV safeguards did not cause them to have sex,” said Donato. “How did anything the building owner do cause them to have sex? They were paid actors, paid to have sex. There’s no omission you can hang your hat on to deny coverage.”

 

The concern now is whether insurers will be willing to work with porn companies, and what kind of premiums they will require if they do.

 

“Insurance policies tend to use the same definitions and exclusions,” industry attorney Larry Walters explained. “So one decision interpreting a specific policy could have broad implications for similar cases, and for the insurance industry in general.”

 

There may come a time when companies will have to return to using condoms just to get coverage.