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BOOTH v. HACKNEY ACQUISITION CO.

No. COA17-274.

807 S.E.2d 658 (2017)

Thelma Bonner BOOTH, Widow and Administratrix of the Estate of Henry Hunter Booth, Jr., Deceased-Employee, Plaintiff, v. HACKNEY ACQUISITION COMPANY, f/k/a Hackney & Sons, Inc., f/k/a Hackney & Sons (East), f/k/a J.A. Hackney & Sons, Employer, North Carolina Insurance Guaranty Association on behalf of American Mutual Liability Insurance, Carrier, and on behalf of The Home Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

Filed: November 7, 2017.

Attorney(s) appearing for the Case

Wallace & Graham, P.A., Salisbury, by Edward L. Pauley , for Plaintiff-Appellant.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by Christopher J. Blake and Joseph W. Eason , for Defendant-Appellee North Carolina Insurance Guaranty Association.

Cranfill Sumner & Hartzog LLP, by Theodore B. Smyth , Raleigh, and Joseph C. Tanski , for amicus curiae National Conference of Insurance Guaranty Funds.

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...

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