Booth v. Hackney Acquisition Co.

MURPHY, Judge.

*182 Individuals with latent health conditions are not members of a suspect class, and access to a claim against the North Carolina Insurance Guaranty Association does not affect a fundamental right. The distinctions imposed by statute are subject to minimum scrutiny under the Equal Protection Clause and do not violate the North Carolina or United States Constitutions, as they further legitimate State interests.

Thelma Bonner Booth ("Plaintiff"), as the administratrix of the estate of Henry Hunter Booth, Jr. ("Booth"), appeals the Full North Carolina Industrial Commission's Opinion…