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04/05/76 GARRETT v. INTERNATIONAL INSURANCE COMPANY

April 5, 1976

GARRETT
v.
INTERNATIONAL INSURANCE COMPANY



Appeal from Wayne, Roland L. Olzark, J.

M. F. Cavanagh, P. J., and R. B. Burns and Quinn, JJ.

SYLLABUS BY THE COURT

1. Constitutional Law -- Equal Protection -- State Classification -- Discretion -- Reasonable Basis.

The equal protection clause of the Fourteenth Amendment does not take from the state the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis and therefore is purely arbitrary.

2. Constitutional Law -- Equal Protection -- State Classification -- Reasonable Basis.

A state classification having some reasonable basis does not offend against the equal protection clause merely because it is not made with mathematical nicety or because in practice it results in some inequality.

3. Constitutional Law -- Equal Protection -- State Classification -- State of Facts -- Assumptions.

When a state classification is challenged on equal protection grounds, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed.

4. Constitutional Law -- Equal Protection -- State Classification -- Arbitrariness -- Burden of Proof.

One who assails the classification in a state law on constitutional grounds must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.

5. Workmen's Compensation -- Constitutional Law -- Equal Protection -- Insurance Carriers -- Immunity -- Safety Inspections -- Rational Basis.

A section of the Workmen's Compensation Act which immunizes a workmen's compensation insurance carrier from liability arising out of safety inspections does not violate the equal protection clause because a rational basis exists for the classification, viz., the Legislature granted immunity to the carriers in order to encourage safety inspections (MCLA 418.827[8]; MSA 17.237[827][8]).

6. Workmen's Compensation -- Insurance Carriers -- Immunity -- Public Policy.

A grant of immunity to workmen's compensation insurance carriers, from liability arising out of safety inspections, ...


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