201132P.pdf   06/07/2021  Brian Foster  v.  Integrity Mutual Insurance
   U.S. Court of Appeals Case No:  20-1132
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Kobes, Author, with Loken and Grasz, Circuit Judges] 
   Civil case - Torts. Plaintiff was injured while riding in a taxi driven by 
   a drunk cab driver and sued the cab company's insurer for negligent 
   performance of an undertaking, arguing the insurerer should have done a 
   better background check on the driver; the district court did not err in 
   granting the insurer's motion for summary judgment as the insurer did not 
   owe any duty to plaintiff under Iowa law; even assuming the insurer could 
   have discovered the driver's Minnesota DWI, its review of his records did 
   not put plaintiff in a worse situation because the cab company put the 
   driver behind the wheel; as a result, plaintiff failed to establish a duty 
   as a matter of law under the Restatement (Second) of Torts, Sec. 324A; nor 
   was there 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