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Foster v. Integrity Mutual Insurance Co.

Court: US Court of Appeals for the Eighth Circuit

Docket: 20-1132

Opinion Date: June 7, 2021

Judge: Kobes

Areas of Law: Insurance Law, Personal Injury

The Eighth Circuit affirmed the district court’s grant of summary judgment to Integrity in an action brought by the plaintiff for negligent performance of an undertaking. Plaintiff filed suit after he was injured in a cab driven by a drunk driver, alleging that Integrity should have done a better background check on the cab driver.

The court concluded that Integrity did not owe any duty to the plaintiff under Iowa law. The court explained that even assuming Integrity could have discovered the cab driver’s Minnesota DWI, its review of his records did not put the plaintiff in a worse situation because the cab company put the driver behind the wheel. Therefore, the plaintiff failed to state duty as a matter of law under the Restatement (Second) of Torts, Sec. 324A. The court also concluded that there was no liability under Sec. 324A(c) of the Restatement because the cab company did not rely on the insurer’s background check and conducted its own review of the driver’s record.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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