Clark v. Insurance Co. State of PennsylvaniaAnnotate this Case
The Supreme Court affirmed the judgment of the district court granting an employer's workers' compensation insurance carrier's motion to dismiss Plaintiffs' common law tort claim and ruling that Iowa Code 517.5 was constitutional, holding that the statute is not violative of equal protection, inalienable rights, or due process under article I, sections 1, 6, and 9 of the Iowa Constitution.
Plaintiffs, employees and former employees of an Iowa manufacturing company, brought this action alleging that the insurance carrier failed to conduct or negligently conducted an insurance inspection at their employer's manufacturing facility, causing serious health problems for Plaintiffs. The insurance carried moved to dismiss the petition under section 517.5, which provides that "no inspection of any place of employment made by insurance company inspectors...shall be the basis for the imposition of civil liability upon the inspector or upon the insurance company..." The district court dismissed the actions after determining that the provision was constitutional. The Supreme Court affirmed, holding that there is no claim for negligent inspection against a workers' compensation carrier.