R.S.

R.S. v. Pacificare Life & Health Insurance

Good Law
128 Cal. Rptr. 3d 1·194 Cal. App. 4th 192·2011 Cal. App. LEXIS 426
Court of Appeal of CaliforniaApril 12, 2011No. B223723California6,098 words

Opinion

Lead Opinion

Rubin, J.

This appeal involves California’s application of the full faith and credit clause of the United States Constitution (U.S. Const., art. IV, § 1) to a Missouri state court judgment. Bound by that clause, we affirm the superior court’s judgment dismissing the complaint of appellants R.C. and R.S. because the Missouri judgment barred their complaint.

FACTS AND PROCEEDINGS

Because this appeal is from a judgment sustaining a demurrer without leave to amend, we state the facts as alleged in appellants’ complaint without passing on their veracity. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) Registered domestic partners R.C. and R.S. maintained residences in California and Missouri. In 2004, they purchased health insurance policies issued by respondents PacifiCare Life and Health Insurance Company and Golden Rule Insurance Company (collectively Insurers). When applying for the policies, appellants disclosed that each of them was infected with HIV. 1 In September 2007, Insurers stopped paying benefits under appellants’ policies. Because appellants no longer could afford to pay for their medical care, the termination of benefits damaged their…

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