An insurer is not responsible for not investigating the background of a taxi driver involved in a fatal accident, a federal appeals court said on Friday, confirming a lower court decision.
Mohamed Diriye was drunk driving a taxi from a Des Moines, Iowa road, crashing into a creek, killing one passenger and injuring another, Brian Foster, according to the 8th U.S. Court of Appeals in St. Louis. Louis Brian Foster v. Integrity Mutual Insurance Co
Des Moines-based United Cab Ltd. had filed an insurance application with Appleton, Wisconsin-based Integrity, and as part of that process, Integrity received the company's motor vehicle driver's license, according to the decision.
Mr. Diriye's car record showed he had a valid Iowa driver's license, no restrictions on his driver's license and a minor speeding offense, but flagged the investigation as a possible "error, review to verify." Integrity reviewed the records and issued United Cab a business and commercial liability policy.
However, the documents did not show Mr. Diriye's driving from 201
After the incident, Integrity shared the entire policy boundary between Mr. Fetus and the other passenger's property. Mr Foster, who reserves the right to sue, brought an action against the integrity of those accused of negligence.
The U.S. District Court in Des Moines granted the insurer's request for a summary judgment, which was upheld by a unanimous panel of three judges.  “We assume, without deciding, that Integrity could have discovered the Dioriye Minnesota DWI 2012, even if Iowa Dept. of Transportation issued a driver's license in 2015 and did not show DWI ”in its motor vehicle registers.
But not informing the taxi company of a driving offense was a failure, not a "sin of the mission", the decision said.
"Since Foster cannot show that the insurer increased its risk or that he or the taxi company relied on the insurer's background checks, we find that Integrity has not assumed any obligation to United Cab passengers," it said.
"Although Integrity negligently missed a crime outside the state, it is not responsible for Foster as a matter of law ", the decisive, with confirmation of the lower court.
Lawyers in the case did not respond to requests for comment.