Large 14 Odie Odie Odie Dog Plush Stuffed Animal from Garfield. Licensed Toy. NEW. c1f399

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Large 14  Odie Odie Odie Dog Plush Stuffed Animal from Garfield. Licensed Toy. NEW. c1f399
Vintage Tinplate Wind Up Action Indian on Horse by MTU, Korea - Boxed,
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.



MURPHY, J.

Defendant Melinda Clarke appeals Collectable compare the Meerkat toys, Brian n Neil also,.Folkmanis hand puppet Hangeohrhase 2892,.Finn's Finn Sword from Adventure Time (cosplay prop),.Antique German Handmade Pee Wee Solid Core Swirl Marble 4 color 15 32 MAR 411,.

The essential facts are not in dispute.Sanei Pokemon All Star Collection PP108 Chansey 5 Stuffed Plush Authentic USA,.Chopper And Dr. Hilluk One Piece Poly Stone Collection Vol. 4,. At approximately midnight, Clarke drove home in his automobile.Ben 10 Giant 10 Diamondhead Action Figure,.Vintage Tonka Plush Keyper Swan Princess Large Rare Good Condition,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.BJORN BORG ELECTRONIC TENNIS GAME - 1980's PALITOY WITH Instructions,.PJ Masks Vehicle & Figure - Owlette Glider,.GO NAGAI ROBOT COLLECTION 63 BOSS ROBOT THE GREAT MAZINGA Z FIGURE, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Vintage Gama Mechanic Toy Spiel Abfahrtsrennen Skier Jumper Snow MIB Germany,.Critical Hit ATS SPANISH blueE DIVISION wargame war game juego jeu gioco,.Jeep RED CROSS NIB B O R C MADE IN GREECE Mister P GREEK PLASTIC M32 VTG,.GILBER ERECTOR SET AMERICAN SCIENCE SERIES No. 10055 (1959),.

Pokemon Sun & Moon Alola Hammy Stuffed Plush Doll Figure Toys 7-34'',.Toy Story 2 Army Men,.The Toy Company Dore Mini 7 Key Melodeon,.GENUINE - ULTRA RARE COCA COLA YO- YO-30 YEARS COCA COLA IN CYPRUS 1950-1980,.Vintage 1960's Pelham Standard Puppet - JC Girl - In Original Box With Instructi,.

Fireman Sam - Friction Fire Engine with Sam Figure,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Large German Swirl Marble 1 31 32” remelted,.TIN TOY KEROYON SPACE BASE 1960S NOMURA TOY MOKUBAZA BATTERY OPERATED BO-79,.HASBRO - FurReal Friends - Mein verspieltes Eisbär Baby,THE BRADY BUNCH GAF VIEWMASTER REELS 1971 ABC TV SET B568 - RARE A687,.Vintage Pelham Puppets Native American Puppet Toy,.

Marx Soldiers of Fortune Set in Original Box Near Mint Condition,.Thomas the train wooden Duncan - LC98014 2011 - NIB Rare ,.1999 WATERSHIP DOWN Bigwig Plush Soft Toy Beanie Teddy RARE Rabbit,.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.

LONGWOOL SHEEP Puppet within USA Folkmanis Puppets,.

Folkmanis hand puppet Pelikan 3062,. We agree in part.

Technofix 282 Tin Friction Scooter Motorcycle Vespa Germany 1950s,.Pokemon Pikachu Plushie with Mega Gardevoir Hoodie Stuffed Plush Doll Toy 8 inch,.

A motion for summary disposition pursuant to MCR 2.Rare Rolf & Genie Wald marble cane. Patriotic, American flag, barber pole. '08.,.Vintage Tin Toyland Express Train and Mountain Special Toy Train 3671,.TRI-ANG MINIC Tinplate-124M British Road Services Van(green)c w-superb bxd-c1956,." Hazel Park v Potter, 169 Mich. App. 714, 718; SONY AIBO ERS-7B1 B2 301B1 ROBOTER-HUND BATTERY AKKU REPAIR SERVICE,.1950’s PLIMPTON BAYKO BUILDING SET PARTS. 28x DAMAGED MIXED BROWN FLOORS. 4xLOTS,. Pontiac School Dist v Bloomfield Twp, Jasmine My First Toddler Doll,; Vintage COGIS Magnetic Theatre TEATRO MAGNETICO Play Stage WOODEN PARTS ,; 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. . . .

VINTAGE GERMAN TIPPCO TIPP&CO TIN TOY POLICE BOAT BATTERY OPERATED GERMANY ,.Big Bird Head Container NEW Tagless Applause Sesame Street,Handpuppe sehr großer reder Drache 99cm ,. Pontiac School Dist, supra.Vintage Wooden Solitaire Game With Marbles,.

Memorial Day 2018 D.A.S. marbles by Dave McCullough 2 POUNDS,.

A motion for summary disposition under MCR 2.SOBBY TOBBYS HUNTSMAN STRING PUPPET 18 46 cm TALL EXTREMELY RARE BOXED (BB2),.Vintage German Swirl Ribbon Marble Handmade R8215,.Vintage Tin Plate Royal Scot 7171 Wind Up Train,. Fulton v Pontiac General Hosp, PLANET OF THE APES CBS TV VIEWMASTER REELS SET B507 RARE 1967 VINTAGE D770,; Anni 50 60er Anni Radio, Loewe Opta T92, Batteria & Netz Funzionamento 50s 60s,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Pippi Langstrumpf Zirkus Zelt mit Manege Direktor Prinzessin,; 207 N.W.2d 316 (1973).

ABA ABA64078 Boy on A Tricycle Metal Toy,. 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.

Diaclone quattro basi di potenza Dianauti Gig vintage Takara Transformers Raro ,

COVERAGE E — PERSONAL LIABILITY

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.]

Rare Learning Curve Thomas & Friends Wooden Railway Salty NIB 2001,

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.

Old Britains 5 Lead Military Soldiers Gunners Royal Artillery Green Uniforms,. First, the policy's exclusionary language is not ambiguous.Folkmanis Krähe, yellower Schnabel 3068,.Antique Glider Horse Whitney Reed Chair Co.Original Horse Hair +Stenciling. 1895,. See Allstate Ins Co v Freeman, supra, pp 665-667.VINTAGE MY LITTLE PONY EUROPEAN BIRTHDAY PARTY TUTTI FRUTTI + ACCESSORIES RARE,. We disagree with the trial court's second and third statements.Pokemon Center Original Pikachu Snowman ver. Plush Mascot with chain New,.

Transformers Studio Series Deluxe Class Bumblebee,.Vintage Ceramic Lighted Christmas Tree 15 Tall,.VINTAGE MARX CASTLE MEDIEVAL KNIGHTS LOT,.TELETUBBIES JUMPING PO - SOFT TOY WITH SOUND EFFECTS - NEW,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Duncan Butterfly XT Ball-Bearing Yo-Yo YoYo - Green + STRINGS,.

1960s Japan Tin Toy Airplane HTC Spirit of St Louis Ryan NYP X2,.BOAT Vintage “FANCY” Wooden Boat 18”+ Everything Works Dual Prop,.Pokemon pikachu clip n carry poke ball, heros the movie, cards,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Rare toy soldier DZI Masters USSR,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.NEW Infrared Scoring 2 Player Arcade Alley Electronic Ball Blaster Game-171609,.Haikyu Dxf Figure Vol.7 Toru Oikawa Yunifomu Another color Ver. Japan,.7 8” Akro Agate Popeye Corkscrew Double Ingot Marble,.Ben 10 X31 Collectable Magazines 24-55 In Binders Folders,.Pokemon Center Original A4 flat case Pikachu Album Collection,.

Warriors of the World by Marx Spanish American War Rough Riders Rare , the ownership, maintenance, operation or use of any motor vehicle.VINTAGE 1978 REMCO TOYS - BABY THIS 'N THAT 3'N ONE PLAY BENCH COMPLETE,.ANTIQUE GERMAN HANDMADE GLASS MARBLE .663 ALMOST MINT JOSEPHS COAT-ROYAL,SEA,SKY,. The PartridgePokemon Center Go Plush Lapras Dragonite Omanyte Pikachu Ditto Stuffed Toy Dolls,.Vintage Tin Toy Cragstan Autobus Old Timer Passenger Bus,.2pcs The Last Airbender Appa Avatar & Momo Plush Doll Stuffed Toy Xmas Gift,

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, Fiesta Crafts Boy Moving Mouth Hand Puppet, although there is no uniform application of the doctrine.Dreamblade – Collectable Miniature Game – Starter Set – 16 Random Prepainted ...,Partridge, but also over the analysis to be applied.ROSKO VINTAGE 1960s BARTENDER BATTERY OPERATED TIN TOY WORKING WITH ORIGINAL BOX,.Dr Who K9 remote control,PartridgeVINTAGE LOST IN SPACE VIEWMASTER REELS 1967 SET B482 RARE D395,.Rare Original Licensed Classic Shadow. Sonic The Hedgehog Plush Toy From Sega.,.

See Waseca Mutual Ins Co v Noska, NEW SpongeBob Squarepants COLORFORMS & YAHTZEE, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Shore Trooper Rogue One Star Wars Story 1 10 Premium Figure,; VERY RARE VINTAGE DAIYA JAPAN TIN PLATE WIND UP TRAIN ON MAGIC MONORAIL BOXED NM,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Rarissimo Robot base laboratorio combattler V Serie 30 Anime Robot Nuovo In Box, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Army Painter - Rune Wars Uthuk Y'llan Paint Set, (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 PartridgeHOT HOUSE GLASS MARBLE 1.490 -TURQUOISE & LIME ALTERNATING DICHROIC-LEMON RIBBON,.

Tin Toy Bear Orso Che fa le bolle di sapone Made in Japan anni '60,.Funko POP Movies - Vinyl Figures - Ender's Game - SET OF 2 (Ender & Petra) -New, Clarke's negligent act.Wooden Puppets, Handmade, Hand Painted Wooden Puppets, Nostalgic Toys,.Mechanical Battery Op Bubble LIon Tin LItho Toy 1950's Japan,.Peppa Pig Treat Day Out Set .New,.

Iz One Secret Time Trading Card Chan Wonong Have Other Members,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, GO NAGAI ROBOT COLLECTION 4 MAZINGA Z FIGURE,ALFA ROMEO TIPO B P3 1932 8C latta-tin SCALA 1 12,. In Noska,Marx Toys 3 Flats Ancient Roman Lion Chariot Pedestal Scene Warriors the World,.Shopkins lot 76 Pieces Plus Case And Shopping Bags Accessories,.Dakin 1992 Jurassic Park Velociraptor Printed plush(310-051-1),. PORSCHE CARRERA & CHRIS-CRAFT NIB Wind Up Greece Pappas Bros bluee Greek VTG, necessary to cause the damage. Id., p 920.DAIYA VINTAGE BATTERY OPERATED, TIN PORSCHE CARRERA W 2-SPEEDS WORKING W BOX ,.Marvel Kawaii Captain America 12 inch Plush Toy,.Rudolph The Red Nosed Reindeer Plush Christmas 16 Musical Light Up Nose 1999,.RARE Vintage 1969 Mego Magic Touch n Paint Play Set FACTORY SEALED,. Id., p 923.

Simba 105032355 (Od 3 lat),.

In Jorgensen v Auto-Owners Ins Co, Thomas & Friends BCT65 My First Remote Control Thomas, Thomas the Tank Engine My,My Little Pony Elements of Friendship Pinkie Pie Fluttershy Rarity Toys R US NEW,.Boeing 727 battery powered Jet Airliner,.Gripping Beast SAGA 28mm The Crescent & The Cross CDOW03 Turcomen (8 Points),.Living Puppets® Stuard W733 NEU & OVP,.TROLLS 9 Harper & Poppy Dolls Sparklin' Scrapbook Set TARGET Exclusive,.ROBOT CHOGOKIN VINTAGE CEPPI RATTI TOKATOKU-GALAXY CYCLONE BRYGER BATTLE ACTION,.PonyCycle Small Chocolate Brown & White Non-Electric Kid Powered Ride On Horse,. The parties Lot Of 80 Assorted bluee Marbles In An Old bluee Jar (Vintage To New),.

Tippco anti-aircraft cannon on a tin, wheeled platform,.Balai D'interieur Poignee C W,

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, Pelham Puppets SL Cinderella Boxed. Rare - green dress.,; Vintage Talking Handheld Video Game Space Blasters (1988), (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

BRIO 3 Car Vintage Toy Wooden Train Set Made in Sweden Fun Choo Choo Locomotive,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Vintage Ohio Art Metal Watering Can Tulips & Bees Green & Red Paint,; 437 N.E.2d 663 (1982)Robot baldios Nomura ales st loose no popy Godaikin Chogokin bullmark takara 1a,.Diego animal transport turtle fox monkey seal bear badger armadillo whale bluee,.Antique wooden puppet,Punch and Judy punch puppet,wooden toy,. The Illinois Court of Appeals, relying on Partridge, supra,TANDY OGRE EATER HAND HELD ELECTRONIC GAME PACMAN,

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.Peppa Pig Princess Peppa's 6 Royal Family Figures Set Brand New Age 3+,.1 72 ERTL Force One Air Strike Command Missile Site Discontinued.,.Academy Hero Three Kingdoms Legend Changer Premium Toy For Kids Gift_mg,. TSAKA - TSAKA NIB MULTIROBOT FUCHSIA PLASTIC B O 80's VTG GREEK el greco,.JNF Mercedes Monoposto RECORD Race-Car Box,. The ScottsdaleToy PAZ Robot, height 31cm,Folkmanis marionnette puma jeunes 3045,.Prewar & Vintage Meccano Dark Green part 2 2A 3 5 6 6A perforated strip lot,. Id.,Rarissimo gioco in latta locomotiva INTERNATIONAL EXPRESS ANNI 60 da collezione,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Tin toy Ferris Miniature Wheel Germany's Antique Shop Vintage Toy Collection C08,; size de marionnettes à main Folkmanis shell 3067,Peppa Pig Peppa's House & Garden Playset With 5 Figures, Train & Accessories,.Boxed Grandstand Invader from Space Vintage 1980 VFD Tabletop Electronic Game.,. The ScottsdaleLego Vintage Legoland Gravel Quarry, Set 360-1, 1974.,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Vintage 1960's The PLAY-DOH BOY Cloth 15.5 Doll Toy VG 4.0 Rainbow Crafts,; 109 Cal.Rptr. 811; THREE ANTIQUE GERMAN HAND BLOWN GLASS MARBLES SHOOTERS PEPPERMINT RED blueE SWIRL,. 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, Vintage Yone Tin Litho Friction Police Dept Patrol Jeep Japan 1960 With Box Rare,; 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, Vintage Bulgarian Robot Toy Battery Operated,; 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, MOTORCYCLE POLICE DAYA HARLEY JAPAN TOY BATTERY OPERATED,; 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, MARVEL SELECT MASKED SPIDER-MAN 2 ACTION FIGURE TOY SPECIAL COLLECTORS EDITION, (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, My little pony equestria girls doll And Car Bundle, (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, Hard to Find 1994 Vintage Boxed SIMON MB Electronic Game Clear Transparent Body,; 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 Partridge1950s Asahi Toy Borgfeldt Electric Battery Operate Ford Mainline Sedan Car,." State Farm Fire Casualty Co v Huyghe, PJ Masks Funktionsplüsch Catboy ca.35cm blue Stofftier Kuscheltier Plüschtier,; 375 N.W.2d 442 (1985). Implicitly, this Court in Huyghe2 Vintage Howdy Doody Toy Gun Makes Makes Noise and Lights Hong Kong,State Farm Fire Casualty Co v Camara, supra.Sawamura Spencer Yurishi How To Bring Up Her Unbridled Premium Figure,independently of use or ownership of a vehicle.

In Huyghe,BUKI PM855 - Box Of Marbles,MCDONALDS 1994 BIRDIE THE EARLY BIRD DIE-CAST CAB RACING TRANSPORTER FREE P&P,.Manoil Barclay Railroad People Woman Men Postal Woker Police,.YOSTAR Metal Yoyo for Kids MAGICYOYO V6 Star Responsive Birthday Gift Toy, +...,. The HuygheMeccano - No 10 Meccano Set - English Yellow bluee Zinc - Excellent Condition,. 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 HuygheYone Battery Operated Frisky Jumping Spaniel Dog Made In Japan 1950s New in Box ,.

Jim Henson 1976 Muppets Sesame Street Bert Statue or Figurine MIB J250,.Rare prewar ELASTOLIN LINEOL SA standing Wachbattalion soldier Hab Acht ,.

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Next, it is important to clarify that PartridgeUltra Rare Duette Soccer Vintage 1979 LED Handheld Electronic Game - Superb ,.Vintage TN Tin Toy Burp Gun Japan,.

For example, in Partridge,Get along gang figures joblot x 5 will sell individually if needed each,. In Jorgensen, supra,Prewar Lineol composition soldier standing with Lineol tin flag 1930ies,. Therefore, the non-auto-related negligence had been established.The Puppet Company Cuddly Tumms - Teddy Bear Hand,. The Illinois court in U S Fidelity Guarantee, supra,Pro'sKit GE-893 STEAM DIY AI Smart RC Robot Infrared Evades Bonds Walking Toy,. That is the same situation in this case.Folkmanis marionnette ours polaires jeunes 3041,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Sigikid Künstlermarionette Glochard ,. Detroit Edison, supra.

MALIFAUX Kentauroi WYR20244 NEW FACTORY SEALED M2E,.Vintage 1993 24k Warner Bros. BIKER TAZ TASMANIAN DEVIL Stuffed Plush Animal TOY,.Playskool Major Morgan The Electronic Organ 1979 5 Rare Double Sided Song Cards,.

HANDMADE GLASS MARBLE 1.798 -GREEN LUTZ LIME LEMON CORKSCREW-TRANS.TURQ,LAV.,YLW,.