Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Vintage MARX Toy German Soldiers Grey & Green & More Great condition 60's,
Michigan Court of AppealsNov 6, 1989
181 Mich. App. 36 (Mich. Ct. App. 1989)
181 Mich. App. 36448 N.W.2d 754

Docket No. 110598.

Decided November 6, 1989. Leave to appeal applied for.

Conklin, Loesch Caravas (by Erik Hildinger), for plaintiff.

Sinas, Dramis, Brake, Boughton, McIntyre Reisig, P.C. (by George T. Sinas and David R. Brake), for Melinda Clarke.

Before: BEASLEY, P.J., and McDONALD and MURPHY, JJ.


Defendant Melinda Clarke appeals E (5) Simpsons World of Springfield Figures Martin Prince Uter Sherri & Terri +,.W. Marshall Toy Soldiers Squad of Eight Mib (Amherst Miniatures) Rare,.RSPCA Animal Hospital Adventure Rescue Bundle - Vehicles - Stables - Igloo,.Pokemon Center bluee & Red Gyarados Plush Doll Stuffed Anime Soft Toy Set of 2,.

The essential facts are not in dispute.Illusions of Glory WWI Eastern front GMT new unopened and unpunched - english,.Nella the Princess Knight Transforming Doll--Target Exclusive,. At approximately midnight, Clarke drove home in his automobile.Hubley Deputy Pistol and Badge,.Figures For Girls1 [C. Seramazu] And Gathered Sailor Seramun (Single) Japan,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Antique French pull along toy horse Circa C18th,.MARVEL SELECT MAGNETO SPECIAL COLLECTOR EDITION DIAMOND ACTION FIGURES COMIC TOY,.Grand orgue à manivelle, Mécanismes, Moyennes constructions, Imagerie d'Epinal,, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Rare 1930's Bakelite Chad Valley Toy Telephones, Collectable,.EDDIE SEESE HANDMADE GLASS MARBLE .787 -DICHROIC JOSEPH'S COAT-ROYAL,LAVENDER++,.The Sea Wolf Sailor Czech Marionette Puppet,.Beautiful Ice Princess Magic Horse Electric Walking Sound Girls Toys Xmas Gift,.

CHAD VALLEY WEE-KIN 226 LOW LOADER,.ROBOT PEGAS TEKKAMAN DX NAKAJIMA TEKKAMEN TATSUNOKO goldRAKE BULLMARK METAL JEEG,.Doctor Who SDCC 2010 The Fifth Doctor.DR.WHO SOLD FAST ,.Zeekio Quasar YoYo - White Delrin with Purple Metal Ring,.Original Micro Express Miniature Railroad Collectors Toy Train Engine Set 1989,.

Ultra Rare Popy Electronics Space Cobra Pro 1982 Vintage LCD Handheld Game VGC.,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Fiesta Crafts Girl Moving Mouth Hand Puppet,.NEW SHOPKINS 24 EXCLUSIVE MYSTERY EDITION,.ANTIQUE GERMAN HANDMADE GLASS MARBLE .813 YELLOW LATTICINIO-TRANS.LIME,TRANS.PNK,KAIYODO REVOLTECH EVANGELION EVOLUTION EV-001 EVA-01 TEST TYPE EXPOSED,.Pokemon Center Original Plush Doll Pikachu Pokemon meets Karel Capek Pancake,.

Vintage Italian Plastic Resin & marble Statues - Soldiers - Collectable - Sale ,.Page 14x9” Watercolor Tin Kids in Outer Space Fabulous Paint Box Englad 1950's,.VINTAGE TOY RETRO CAR VEHICLE HANDMADE TIN METAL PORCELAIN LARGE AND HEAVY,.116(C)(10). The trial court ruled in Vanguard's favor, summarily stating:

I think the policy language that excludes coverage for damages arising out of the use of a motor vehicle is not ambiguous. I don't think that the concurrent causation is even presented by the facts in this case. I think the sole proximate cause was the operation of the motor vehicle. The motion will be granted.


TREASURE X Legends of Treasure Set,. We agree in part.

1970 MARINE CARRYALL Playset Case Multiple Toymakers FN- Sealed Accesories,.Flex Power Stretch Armstrong Mobile HQ Vehicle Walmart Exclusive Hasbro,.

A motion for summary disposition pursuant to MCR 2.Antique vintage wooden YoYo Toy,.Vintage DX Gas Adgreenising Amphibian Car Boat Battery Operated Nichols Texas,.Gripping Beast - SAGA - Mounted saracen warriors with bows - 28mm,." Hazel Park v Potter, 169 Mich. App. 714, 718; EXTRA LARGE JUMBO MINNIE MOUSE 90th Anniversary Soft Plush Toy 65 Cm,.WAGON TRAIN Marx Toy figure FLINT McCULLOUGH (scout) EXCELLENT,. Pontiac School Dist v Bloomfield Twp, Fisher-Price Go Jetters Vroomster Set,; Nightmare Before Christmas Party Decorations Lot Plates Napkins Tablecloth,; Hazel Park, supra, p 718.

Paragraph nine of plaintiff's complaint alleged the following:

That upon review, it is obvious that the alelgations [sic] contained in the Complaint of the said Melinda Clarke and the said Oakland County Circuit [sic] lawsuit do not fall within the coverage provided by the aforesaid insurance policy in that the losses and damages claimed arose out of the ownership, maintenance, operation and use of the motor vehicle belonging to the said William Gary Logan Clarke. . . .

11 DREAMWORKS VINTAGE 2013 HOW TO TRAIN YOUR DRAGON ACTION FIGURES LOT,.U.S. Air Force Tin Toy Vintage Plane Friction Driven Airplane Japan Parts Repair,W. Britains Royal Horse Guards and Guards Antique Lot,. Pontiac School Dist, supra.Vintage Akro White Onyx W OXBLOOD Unusual Flame MARBLE .62 Wet Mint ,.


A motion for summary disposition under MCR 2.WYRD THROUGH THE BREACH The Fatemaster's Almanac WYR30101 ENG NEW,.Ben 10 Super Deluxe Figures - Heatblast,.The Count Hand Puppet Sesame Street 72 cm Plush Soft Toy,. Fulton v Pontiac General Hosp, Rarissimo gioco in latta locomotiva INTERNATIONAL EXPRESS ANNI 60 da collezione,; YoYoFactory Shutter World Champion Yo-Yo Red orange Fade+ FREE STRINGS,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Meccano Lead Weight 25 grammes Pt No. 67 (1916 - 1940) Original Meccano Rare,; 207 N.W.2d 316 (1973).

1928 MARX DARE DEVIL FLYER ORIGINAL TIN LITHO BLIMP VERY RARE PIECE,. Specially, Melinda Clarke alleged the following:

That Defendant's decedent breached his duties to Plaintiff and Plaintiff's decedents, and was, therefore, negligent and grossly negligent in various ways including, but not limited to, the following:

(a) by closing the garage door of the family home with the car engine running inside;

(b) by failing to properly ventilate the garage;

(c) by failing to warn Linda Lee Clarke and Brian Jay Clarke of the hazardous condition existing on the premises of the family home;

(d) by causing lethal substances to enter the premises of the family home;

(e) by operating the motor vehicle in the closed garage.

Natsume Book Of Friends Nyanko-Sensei Bitat,


This Company agrees to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage, to which this Insurance applies, caused by an occurrence. This Company shall have the right and duty, at its own expense, to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, but may make such investigation and settlement of any claim or suit as it deems expedient. This Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of this Company's liability has been exhausted by payment of judgments or settlements. [Emphasis added.]

Prewar ELASTOLIN LINEOL foreign guard soldier winter uniform,

This policy does not apply:

1. Under Coverage E — Personal Liability and Coverage F — Medical Payments to Others:

a. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of:

* * *

(2) any motor vehicle owned or operated by, or rented or loaned to any insured; but this subdivision (2) does not apply to bodily injury or property damage occurring on the residence premises if the motor vehicle is not subject to motor vehicle registration because it is used exclusively on the residence premises or kept in dead storage on the residence premises.

High-Dimensional Predator King Arkbo Girl Ultraman Mebius Gaiden Super Galaxy,. First, the policy's exclusionary language is not ambiguous.Tucher & Walther Hermann Bear Musical Carousel - RARE,.A set of 12 Vintage Tin Police Badge pin brooch Made in Japan 1960's,. See Allstate Ins Co v Freeman, supra, pp 665-667.Vintage Erector Set Red Metal Case. Only D,. We disagree with the trial court's second and third statements.Masha And The Bear Cuddly Girls Doll Toy Soft Bodied Gift Idea 23Cm Age 3+ Years,.

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Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.VINTAGE 1976 COLOR BUILD AND PLAY GOOD OLD DAYS COUNTRY VILLAGE NIB,.

Vintage 1960's Rosko Charlie Weaver Tin Litho Bartender Battery Operated Toy,.Indy 20 Inch Trainer Unicycle - Standard Monocycle Suitable for Kids and Adults,.Vintage Antique Mobile Gas Service Station. Tin Toy Garage 1950s,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, VINTAGE SCOOTER BUNNY TIN TOY FABRIC RABBIT 1960'S WIND UP POLAND ORIGINAL KEY,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.RARE VINTAGE ORIGINAL SCHUCO 1750 WIND-UP TOY CAR WITH ORIGINAL KEY - GERMANY,.Living Puppets Handpuppe Wauwi W746,.VINTAGE TINPLATE LOUIS MARX MODEL No.XXX ROYAL ARTILLERY (RA) MILITARY LORRY,.VINTAGE MECCANO, ENORMOUS COLLECTION, 50'S, 60'S & 70'S,BOOKS ETC, VG CONDITION.,.Vintage Wilesco live steam engine accesory , saw , tin toy,.

SCOOBY DOO TV Organizer Sofa Plush Rare Hard To Find with original box, the ownership, maintenance, operation or use of any motor vehicle.Vintage Figures For Playsets Military Animals Space,.VERY SCARCE BOXED TINPLATE TIN TOY ASTRA NO.25 POM POM ANTI-AIRCRAFT GUN,. The PartridgeRare Used 1990 S Hot Rod Vintage Collector Book Tin Toy Car Club Deuce Model At,.Nave battleship United States Yonezawa boat toy ocean liner tin toys japan,.The Puppet Company - Border Collie - Buddies - Animal Hand,

Thus, even if we assume that the connection of the car with the accident is the type of non-ambiguous causal relationship which would normally bring the exclusionary clause into play, the crucial question presented is whether a liability insurance policy provides coverage for an accident caused jointly by an insured risk (the negligent filing of the trigger mechanism) and by an excluded risk (the negligent driving). Defendants correctly contend that when two such risks constitute concurrent proximate causes of an accident, the insurer is liable so long as one of the causes is covered by the policy. [ 10 Cal.3d 102; emphasis added.]

Courts in several states have adopted the dual causation theory set forth in Partridge, TOY SOLDIER VINTAGE CHRISTMAS DISPLAY RED 42 Lights Up Decorative Collectible, although there is no uniform application of the doctrine.Vosun Professional V7 Aluminum Yo-Yo - Duang - bluee and gold,Partridge, but also over the analysis to be applied.BUKI PM854 - Marbles Run,.Prewar ELASTOLIN LINEOL german wehrmacht soldier working with shovel WWII,PartridgePeppa Pig Decorate Peppa's House,.MF Christensen HAND-GATHERED 9 Multi color Awesome ,.

See Waseca Mutual Ins Co v Noska, RARE TRANSLUCENT APRICOT GLASS FLAME SWIRL MULTI COLOR VINTAGE ALLY MARBLE, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, How to Train Your Dragon 3 Toothless Light Fury and Night Fury Plush Doll Toy,; Nissan Fairlady Race Car Battery Operated Mint In Box---tested works good,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, HANDMADE GLASS MARBLE .891 GORGEOUS-BURGUNDY,YELLOW,orange,LAVENDER,LUTZ,pink+++, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Galt Toys Super Marble Run, (Ariz. App, 1988); Unigard Mutual Ins Co v Abbott, 732 F.2d 1414, 1416 (CA 9, 1984).

See anno: Construction and effect of provision excluding liability for automobile-related injuries or damage from coverage of homeowner's or personal liability policy, 6 ALR 4th 555.

The crucial inquiry in applying PartridgeVINTAGE TINPLATE FRICTION MODEL No.M184 TOURIST BUS,.

MACH GO GO GO HAYABUSA TAKATOKU BULLMARK POPY TAKEMI,.VINTAGE 1933 A C GILBERT CO ERECTOR SET, Clarke's negligent act.Professional Punch and Judy puppet CLOWN made by Teddy Corden 1980s circus,.VINTAGE CHEIN MUSICAL ORGAN EX CONDITION WORKS,.Living Puppets® Handpuppe Wunschtraumkissen yellow W238-4,.


The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Ravensburger Minion 3D puzzle 54 pieces 11671,Miner Junior Kids Groom N Shave Toy Play Set Vintage Razor Brush Cup Comb... NEW,. In Noska,Avengers Age Of Ultron Folding Scooter New,.2 WLAN Module für AIBO ERS-7 von SONY,.DreamWorks Light Fury Plush Soft Toy 17 How to train your dragon 3,.Louis MARX 1950's U.S. Armed Forces Training Center Play Set with Orig Box, necessary to cause the damage. Id., p 920.SCARCE BOXED TIN PLATE TOY FRICTION AMBULANCE CAR 1950s 60's,.Vintage Mattel Thing Maker 1964 Creepy Crawlers and 1968 Eeeks Thingmaker Lot,.2 Cotton Candy Cuties Scented Fluffy Stretchy Foam Kids Toy figure Collectibles,.Vampirina Fangtastic Friends Set Assortment 10 Characters Imaginative Play UK,. Id., p 923.

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In Jorgensen v Auto-Owners Ins Co, Prewar Lineol standing german SA soldier with field glasses WWII,Whole Sponge Cake Porcelain Dollhouse Doll 99810009,.Rudolph Misfit Doll for Sue Plush Toys Build A Bear Stuffed Animal 10 ,.Dreamworks Spirit Riding Free Abigail & Boomerang Collectors Series Ages 3+,.Used GoodSmile Company Happy Kuji Hatsune Miku Prize A FamilyMart Ver 1 8 Figure,.Vintage. 8 Rare Lead Painted Ancient Egyptian Soldiers Including Horseman,.Playsteam Bionic Robot Science Kit-Soccer Snake Toy Robot for Kids ElectronicKit,.Wind up Elephant and Zebra Circus,. The parties SOLITAIRE SET OF 33 BRITISH HAND MADE MARBLES EACH ONE A GENUINE RB UNIQUE ORB,.

Marbles Very Rare 23 32 Akro Agate Experimental Dug Sparkler w Unique colors,.The Puppet Company Cuddly Tumms - White Cat Hand,

Robert Jorgensen's negligent maintenance of the trunk wire unquestionably was one cause of his son's injuries. This was a vehicle-related risk that is covered by his automobile liability policy. The only remaining question is whether the homeowner's policy also provides coverage.

* * *

In Waseca Mutual [ Ins Co v Noska, 331 N.W.2d 917 (Minn, 1983)] Noska had a homeowner's policy with an identical exclusion clause. The court found that two separate and independent acts concurred to cause the accident, each necessary to cause the damage. Id. at 920. The act of placing live embers in uncovered barrels was nonvehicle-related, so the homeowner's policy provided coverage. Id. at 923. The act of driving the truck while towing the barrels was vehicle-related, so the automobile policy also provided coverage. Id. at 920.

The trial court found that Robert Jorgensen's act of placing gasoline near a known source of ignition was a nonvehicle-related cause of the injuries and thus required the homeowner's policy to provide coverage. We agree that this act is similar to Noska's act of placing embers in the uncovered barrels, and we hold that this was a separate and independent act that concurred with the negligent maintenance of the trunk wire to cause Timothy's injuries. We agree with the court's conclusion in Waseca Mutual that

"[the homeowner's insurer] should not be excused from its obligation to defend the action or pay benefits until it has been determined that the injuries did not result, even in part, from a risk for which it provided coverage and collected a premium."

Id. at 923 (quoting Lawver v Boling, Dr Who K9 remote control,; VINTAGE TOY TIN LOUIS MARX PRINTER, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Meccano set 8557 COMPLETE HUGE 6V motorised 35 Multimodels 460 parts Manual &box,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Atc Manufactured By Mercedes Benz,; 437 N.E.2d 663 (1982)My Little Pony G4, Nightmare Moon And Princess Celestia,.Wbba. limited Beyblade burst B-00 Archer Hercules .10C.A ' Japan,.(2) American Girl Doll 2012 CUTE SIBERIAN HUSKY PUPPY DOG 7 ANIMAL Toy,. The Illinois Court of Appeals, relying on Partridge, supra,(C5) Bambola Porcellana Doll su la sua scatola'origine del anni '80 (3),

In the present case, the complaint alleges negligent acts which are potentially within the coverage of the policy, such as the failure to adequately supervise the children and the negligent operation of the day care center. These alleged acts are separate and distinct from any allegations relating to the negligent operation of the automobile. If it is ultimately determined that the insureds are guilty of these acts, USFG could be liable under the policy. In other words, if the liability of an insured arises from negligent acts which constitute non-auto-related conduct, the policy should be applicable regardless of the automobile exclusion or the fact that an automobile was involved in the occurrence. If an occurrence is caused by a risk included within the policy, coverage is not vitiated merely because a separate excluded risk constitutes an additional cause of the occurrence.

Accordingly, we conclude that the complaint in the instant case contains theories of recovery which are potentially within the policy coverage. [ 107 Ill. App. 194; emphasis added.]

In Scottsdale Ins Co v Van Nguyen, 763 P.2d 540 (Ariz.Mini TITIPO & Train Friends Set Of Five Train Toy Korean Ver,.2x Kids Retro Wind-up Tin Toys Combo (Musical Ferris Wheel & Plane Carousel),.Peppa Pig Peppa's Playground Toy Playset With Figures & Sound,.Vintage Krolyn 1006 Knight on Jumping White Horse w Cross Lion Helmet 1940-50s,.HASBRO MY LITTLE PONY 3 CHARACTER MINI COLLECTOR SET ROYAL SURPRISE SET,. The ScottsdaleBear in the Big bluee House Plush Stuffed Toy Large 20 Jim Henson Mattel,Sonic The Hedgehog 5 Amazing Stretchy Fun Figure Sonic,.Figure Caught Everyone'S Lottery Swords Ranbu -Online- C Award Ishikirimar Japan,. Id.,Vintage ORIGINAL RARE 1980 Smurf Plush Bean Bag wTag Wallace Berrie Peyo 8 Tall,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Antique-Type Toy Photo With Accessory Case,; 2006 Nanco Shrek The Third 3rd - Baby Triplets Fergus LARGE Soft Plush Toy 10 ,MALIFAUX Lone Marshal WYR20110 NEW FACTORY SEALED M2E,.LOT 4 vintage Genuine YO-YO Russell ORIGINAL 1970´s NOS,. The ScottsdaleUniversal Studios Dr Seuss Enterprises CAT IN THE HAT 33 Inch Plush Toy,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Vintage Meccano collection 4 Drawer Chest full lots of items too many to list,; 109 Cal.Rptr. 811; Ultra Rare Innovator Battling Bunny Vintage 1982 LCD Handheld Electronic Game.,. The Gonzalez court reasoned that in Partridge, "an accident covered by an automobile policy may nevertheless be covered by a homeowner's policy if concurrent causes of the injury arise from conduct insured by both." Gonzalez v St. Paul Mercury Ins Co, Rare Vintage Soldier Toy PAL AOHNA ATHENA Greek Army Figurine Model 6cm,; 131 Cal.Rptr. 628.

In Partridge, . . . [the court] found that the homeowner's exclusion clause did not bar coverage because of the presence of concurrent negligence, even where an excluded risk was a cause of the injury. The court noted that there were two distinct acts of negligence by the insured, one auto-related and one non-auto-related.

It is the interpretation of this auto vs. non-auto distinction that provides the split of authority between the California Court of Appeals. The Gonzalez court noted that the insurer sought to avoid: ". . . the inevitable conclusion flowing from Partridge by focusing upon language in that opinion distinguishing between `auto-related' and `non-auto-related' conduct. [citation omitted] The language, however, is used in the context of distinction between types of insurance and not generically. The import of the words used is that an accident covered by an automobile policy may nevertheless be covered by a homeowner's policy if concurrent causes of the injury arise from conduct insured by both."

Gonzalez v St. Paul Mercury Ins Co, Handmade SAMMY Sam Hogue 1 3 4 Parred Marble multi color swirl 2002 ECS1,; 131 Cal Rptr at 629. In Gonzalez, if the car had never been driven, no injury would have resulted from the negligent repair of brakes. Similarly, in the instant case, if the house had not been moved, no injury would have resulted from its negligent loading and preparation. We agree with the conclusion of the Gonzalez court and apply its reasoning in barring the exclusion clause in the present case. See also State Farm Fire Casualty Co v Kohl, 131 Cal.App.3d 1031; 182 Cal.Rptr. 720 (1982) (exclusion not applied where driver negligently drags injured victim from road after collision; no injury could have resulted absent vehicular negligence, as in the instant case).

There is a split of authority on this issue, not only between various jurisdictions, but within the California Court of Appeals itself. In State Farm Fire and Casualty Co v Camara, Rare ELASTOLIN LINEOL German Luftwaffe walking bearer political pennant WWII,; 133 Cal.Rptr. 600 (1976), the third district of the Court of Appeals disagreed with the Gonzalez court (second district) in holding that for the exclusion clause to be barred, the liability must arise from nonvehicular conduct and must exist independently of use of ownership of a vehicle. The Camara court cites Partridge as authority for this proposition. We disagree that Partridge sets forth such an absolute rule.

The Gonzalez reasoning is also exemplified in other jurisdictions. In Pennsylvania General Ins Co v Cegla, VINTAGE ORIGINAL BAYKO BUILDING SET VARIOUS PARTS CATALOGUE PLANS, (Minn App, 1986), the Minnesota Court of Appeals found a similar exclusion clause not applicable where a motorcycle rider was killed as a result of negligent loading of a roll of wire mesh into a truck, which subsequently rolled onto the highway, causing the death of the motorcycle rider following behind the truck. The court found concurrent negligence between the nonvehicular act (negligently loading the mesh) and the vehicular act (driving). Cegla is analogous to the instant case. See also Waseca Mutual Ins Co v Noska, 331 N.W.2d 917 (Minn, 1983); Frazier v State Farm Mutual Auto Ins Co, Original 1929 Vintage A.C. Gilbert Erector Set Wooden Box 100% Complete, (La App, 1977), cert den 351 So.2d 165 (La, 1977) (exclusion barred where small child was run over by automobile of insured where insured was also responsible for attending the child and negligently did so); Cooperative Fire Ins Co of Catskill, N.Y. v Vondrak, Bolt Action Panzerschlachten - Tank War German Language Book,; 346 N.Y.S.2d 965 (1973). [763 P.2d 542-543; emphasis added.]

Turning to Michigan law, this Court has once before addressed the PartridgeVintage Mr Drake Tin Plate Battery Toy,." State Farm Fire Casualty Co v Huyghe, WOS The Simpsons Cartoon Cooder & Sinclair Interactive mailaway figures rare new,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheDespicable Me 2 Minion Stuart with Fart Dart Launcher - Brand New,State Farm Fire Casualty Co v Camara, supra.Dark Knight . . batman thug . . . collector action figure's,independently of use or ownership of a vehicle.

In Huyghe,RARE, NEW POP MOVIES, NACHO LIBRE , CHASE VARIANT IN HAND,Ohio Art Mini Mow toy lawn mower,.60CM Dinesy Large Big Lilo Stitch Stuffed animals Plush Baby Soft Toys Doll gift,.Early Education Remote Control Dancing Robot Programming Launch Bullet Robot MU,. The HuygheSpin Master Zoomer Zuppies Cupcake Interaktiver Welpe NEU und OVP,. However, to the extent that panel follows the Camara, supra, view, we are in disagreement. We note that application of the dual causation view employed in HuygheLiving Puppets® Maggylein W245 NEU & OVP,.

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Next, it is important to clarify that PartridgeThimble drome TETHER CAR MODEL ENGINE super tigre G20 NOS 1970,.MARTIN LE PETIT LIVREUR n.244 no LEHMANN INGAP,.

For example, in Partridge,FLINTSTONES COLLECTOR PLAYSET PLAY SET (MARX) 1991 REISSUE NEW UNSUED,. In Jorgensen, supra,TIN TOY WESTERN PISTOL 1960S COWBOY COLK BULLET SHOWA PERIOD BO-81,. Therefore, the non-auto-related negligence had been established.TECHNOFIX GEISTERBAHN GHOST TRAIN TIN LATTA GALLERIA TRENO US ZONE GERMANY 1948,. The Illinois court in U S Fidelity Guarantee, supra,WW2 Wounded German Dimestore Composite Toy Soldier,. That is the same situation in this case.Paw Patrol - Chase Transforming Police Cruiser,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Vintage Pelham Puppets Bundle - 17 In Total Some Boxed,. Detroit Edison, supra.

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