This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.