Jansen v. Fidelity & Casualty Co.
The case concerns the liability of a workers’ compensation and liability insurance carrier for injuries sustained by an employee during work, allegedly due to the insurer's negligent safety inspections. Plaintiff was injured in October 1981 at a North Carolina bridge construction site. The defendant, the workers' compensation carrier, conducted periodic safety inspections. Plaintiff sued, claiming negligent inspection led to the injury. The Supreme Court denied defendant's motion for summary judgment, but the Appellate Division reversed, holding that liability cannot be imposed on the carrier under these circumstances. The court reasoned that the insurer's inspections, primarily aimed at reducing its own risk, did not create a duty of care to the employee, as they did not make the work site less safe or place the plaintiff in a more vulnerable position. Imposing such a duty would extend liability beyond the insurance policy's scope and could lead to the discontinuation of safety programs, ultimately decreasing workplace safety.