Cna & American Casualty v. Arlyn Phoenix

678 So.2d 378 (1996)

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Nature of the Case

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Facts

CNA wrote insurance on two film projects that River Phoenix was involved with; Dark Blood and Interview with the Vampire. Phoenix died of a drug overdose, and CNA was forced to pay on the policies. CNA then sued the estate of Phoenix for a breach of contract action based on an actor loan out agreement between Phoenix and Jude Nile. Jude Nile was a corporation owned and run by Phoenix and his mother and Scala Productions. This agreement included a general obligation not to do anything, which would deprive the parties to the agreement of the benefits. CNA alleged that Phoenix breached the agreement by taking illicit drugs in a quantity enough to kill a human being. The estate moved to dismiss on grounds there could be no cause of action for breach of a contract because the personal services contracts were rendered impossible to perform due to death. The trial judge granted the motion to dismiss. CNA appealed.