CNA & AMERICAN CASUALTY V. ARLYN PHOENIX
678 So.2d 378 (1996)
NATURE OF THE CASE: This was a dispute over a breach of contract action against the
estate of River Phoenix.
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 quantify 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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