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Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
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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 INFINITY 0588 Xeodron Batroids (Combined Army) FACTORY SEALED,.HANDMADE GLASS MARBLE .771 RAINBOW RIBBONS-TURQUOISE,CHERRY,orange,goldENROD,BLK,.USED Nomura Toy Tin Tetsujin No. 28 locomotive movable item 30cm From JAPAN F S,.Pokemon - KALOS STARTERS 3 Plush Set New Froakie Fennekin Chespin 7 Inch Plushie,.

The essential facts are not in dispute.Bullmark set Diapolon DX original vintage japan,.Masked Rider Sio DX Drive Ride Watch F S,. At approximately midnight, Clarke drove home in his automobile.MARX WORLD FAMOUS RACING CAR 6 FRICTION DRIVE 1970 NEW BOXED 2,.Small foot design Puppet Theatre Mobile,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Spring Tin Toy Clown Vintage Rare From JAPAN Free shipping,.10X(52pcs plush Toys Eye E3M1),.Babylon 5 Wheel of Fire D20 Roleplaying Book MGP 3349, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

THOMAS & FRIENDS DIE CAST TAKE N PLAY ''BELLE'' ENGINE SEALED,.VINTAGE RETRO TINPLATE TANK ME-060 MISSING CONTROLLER For Spares,.Vintage ET Extra Terrestrial Movie 2 Drapes Universal Studios 1982 RARE 3 Panels,.The Little Bus TAYO's Friends 6pcs Sets Mini Car Toys Made in Korea Animation,.

The Little Bus TAYO Special Mini FRIENDS Set No.4 Air Peanut Shine Kinder,.CONSOLE MY CLEM BOX CLEMENTONI 16609 (ITA) (P1102),.28mm Macedonian Companion Cavalry well Painted,.RARE Vintage 1960s 1962 J Chein Tin Toy ASTRO GLOBE EMPTY Box ONlY 10 Clean,.MARCHESINI A.M.B. BOLOGNA CUCINA BIBLOC BI BLOC KITCHEN LATTA TIN TOY FORNITURE,.

Terminator 2 Movie Judgment Day T-800 PVC Action Figures Collector Edition Toy,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Harry Potter - Order of the Phoenix - boxed grawp the giant action figure,.German Marble Handmade Marble MICA-Near Mint Marble BIG 0.69 Rare Single Pontil,.Olivia The Pig Show Toy Family Figure Lot Plush Doll Carrying Case Artist Dress,4pcs Pokemon Pichu Dragonite Raichu and Togepi Plush Soft Toy Stuffed Xmas,.Folkmanis Handpuppe Schwein mit Flügel 3120,.

VINTAGE 1960'S ERECTOR SET MOTORIZED WITH CASE & INSTRUCTION SHEET FREE USA SHIP,.Mini Robo's - Mini Robosapien V2, Roboboa & Roboraptor - WowWee Robotics 2007,.VINTAGE DIE CAST WWII SOVIET RED ARMY HOWITZER MODEL SCARCE,.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.

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Thomas The Tank Engine And Friends Metal Die Cast Trains ERTL, GULLANE Bundle,. We agree in part.

Vintage Cragstan Remote Control Battery Powered Sedan Toy Car, Original Box,.My Little Pony G1 Vintage Pegasus Flutterbye Rainbow Pony (1984 HONG KONG ),.

A motion for summary disposition pursuant to MCR 2.NEW Ben 10 OMNITRIX Season 3 40 Plus Phrases Cartoon Network CN 2019,.C3 Yoyo Design Gungnir Yoyo Used gold & Green,.VIEW-MASTER 3 Reels 21 Stereo Photos HANNA BARBERA'S 1962 TV Series TOP CAT,." Hazel Park v Potter, 169 Mich. App. 714, 718; 1895 Lehmann Beetle Wind-Up Litho Tin Toy. A very Rare Vintage Collectable,.Unique Art Mfg. Co., Inc. Tin Toy Unique Portable Typewriter,. Pontiac School Dist v Bloomfield Twp, Fisher-Price Go Jetters Vroomster Set,; Pokemon Center Original Plush Doll Pikachu Pokemon meets Karel Pancake Capek,; 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. . . .

Macys Holiday 2010 Smurf Lot of 2 17 Plush,.Pikmi Pops Kessie The Cat Giant Flips Girls Toy SURPRISE Cotton Candy Series,HANDMADE GLASS MARBLE 1.347 -DICHROIC CORKSCREW BOULDER-purple,TURQ,gold,LIME++,. Pontiac School Dist, supra.Build A Bear White Sanrio Hello Kitty Plush Stuffed Doll w Pink Bow Hawaiian 17 ,.

PRE OWNED VINTAGE JY JY JOLLY JOLLY HIPPIE MADE IN JAPAN SWING TOY W WAIST W INS,.

A motion for summary disposition under MCR 2.DIACLONE DIATRON ROBOT TRANSFORMERS GIG VINTAGE TOY,.WEEBLES TREE HOUSE PLAY SET BOXED WITH ACCESSORIES NICE HASBRO ROMPER ROOM,.Texas Instruments TI Speak and Spell Classic Electronic Toy and Game Calculator,. Fulton v Pontiac General Hosp, Angry birds Bulk Lot Collectable,; Marbles Rare Nr-Mt Peltier 3 4 Chocolate Superboy NLR Shooter w Aventurine,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Thomas and Friends Take-n-Play Daring Dragon Drop. Brand New,; 207 N.W.2d 316 (1973).

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Beyblade burst B-61 random Booster Vol.4 Japan,. 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.

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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.]

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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.

Stikbot - set of all 6 colors in the 90616 series, NEW ,. First, the policy's exclusionary language is not ambiguous.Pokemon Center 8 21Cm Halloween Bewear Dusclops Costume Stuffed Plush Toys Doll,.Large Tinplate Jaguar E Type Car Replica,. See Allstate Ins Co v Freeman, supra, pp 665-667.1950s Erector Set No. 6 1 2 100 Toys in One, A.C. Gilbert Parts and Instructions,. We disagree with the trial court's second and third statements.Vintage Baseball 1950's Tin Baseball Game PITCH'EM HIT'EM CATCH'EM Sweet Rare,.

TRANSFORMERS THE LAST KNIGHT DECEPTICON NITRO LETHAL HUNTER ACTION FIGURES TOY,.Geschenk Footbal 2.4G Rc Roboter Setzen Two Tore Fußball Roboter LED,.VINTAGE MID CENTURY CHAD VALLEY GLOBE VINTAGE RETRO TOY 1960S EDUCATIONAL TOY,.RETRO VINTAGE PELHAM PUPPET DUTCH BOY - BOXED,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.ROBOTS, SPACESHIPS & OTHER TOYS by TASCHEN. (TR-LINGUAL TEXT EDITION) 352 PAGES,.

Knight Models Dc Universe Batman Miniature Game Clayface (Multiverse),.PEDIGREE VINTAGE 1950'S TALKING DOG ARTICULATED,.Paw Patrol Lookout Tower Playset Plus Chase Vehicle & Pup,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Shopkins Cutie Cars Die Cast 3-pk Lot of 2 Pretty Performers Bumper Bakery,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.JOHN HAMON MILLER GLASS MARBLE 1.515 -MINT LATTICINIO TRIPLE W gold LUTZ THREADS,.VERY SCARCE BOXED TINPLATE TIN TOY ASTRA NO.25 POM POM ANTI-AIRCRAFT GUN,.Olivia Peppa Pig Reversible bluee roof House & Pirate Ship with 16 Accessories,.NEW PLUSH SOFT TOY Folkmanis 3066 French Bulldog Bull Dog Hand Puppet,.YONEZAWA BATTERY OPERATED, 100% FULLY FUNCTIONAL, DRUMMING DOG W BOX ,.

New Pokemon Cushion Plush Doll Ditto Length 40cm Metamon Pillow Soft Pikachu, the ownership, maintenance, operation or use of any motor vehicle.Youngtoys Beyblade burst B-131 Dead Phoenix. 0. At parallel import goods,.RARE 1955 STORE DISPLAY SANTA CLAUS BELLRINGER BATTERY OPERATED TIN TOY MINT MIB,. The PartridgeVintage Chef Piggy Cook Battery Operated Toy Part Hands Pepper Shaker,.Motorized redating Display Stand - For K&O Toy Outboard Motors,.Henrys Viper Yo-Yo (Various Colours) with Henrys Booklet,

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, Vintage Retro Christmas Billy Big Mouth Bass - Cool , although there is no uniform application of the doctrine.Marionnette Caricature Satirique Ancienne Antique Puppet Satirical Toys,Partridge, but also over the analysis to be applied.Living Puppets Handpuppe Bendix ca.65 cm NEU,.CRAGSTAN, BATTERY OPERATED VINTAGE 1930 FORD A COUPE SOFT-TOP W BOX & WORKING ,PartridgeKOTOBUKYA GAOFIGHAR GOKIN NO POPY VERY RARE VINTAGE MODEL SEE PHOTO,.LINEMAR TOY BATTERY OPERATED PAL THE PUPPY WITH CART,.

See Waseca Mutual Ins Co v Noska, VINTAGE 1933 A C GILBERT CO ERECTOR SET, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Meccano Narrow Double Angle Strips Re-painted Compatible Dark bluee Parts,; Thomas the Train Mini Engines Lot of 30 Misc Trains BB,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, 2017 MY LITTLE PONY THE MOVIE PINKIE PIE SWIMMING SEAPONY--NEW--FACTORY SEALED, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Vintage 50's Ranger Steel Topps-All Tin Bowling Alley & Shuffle Board All in One, (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 Bert And Ernie Muppets Inc. Plush Doll Figures 16 And 18 Inches,.

MAN OF IRON By GMT GAMES no Compass MMP AH DG GAMERS SPI AVALON VG,.Dynamic mixer Nomura Toy Vintage Made in JAPAN Free shipping, Clarke's negligent act.Antique German Sulphide Marble with Spaniel Dog Figure,.TIN HORIKAWA ROBOT FROM JAPAN RARE 1960s ASTRONAUT SPACE EXPLORER,.VTG Rare The Berenstain Bears Treehouse Playset Scene W Figures Accessories 1989,.

Hand Puppet Hand Puppet Dinosaur Frettchen Folkmanis Puppets,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Minicar Of Tinplate Pencil Sharpener,Masudaya Battery operated Tin SONICON BUS bluee with box Vintage toy Japan F S,. In Noska,Johnny Service Mechanic’s Garage in Box by Topper,.Vintage Marx Toys Tin Litho Working Junior Dial Typewriter,.PJ Mask Plush 8 Lot Catboy, Gekko (2), Owlette, Romeo (Just Play),.Simba 109251041 Feuerwehrmann Sam Anhänger mit Figur und Zubehör NEU OVP, necessary to cause the damage. Id., p 920.Nr D927 Glas-Murmel , antik mit Einem Schaf ,Tierfigur innen,Abriss,.Schylling SC-MS393 Lilliput Robot (Large),.God Mazinger Maschera God Mazinga mask Go Nagai Robot figure anime cartoni,.JJRC R11 Gestures Sensing Dancing Intelligent Remote Control Robot Toy Gift WS,. Id., p 923.

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In Jorgensen v Auto-Owners Ins Co, Vintage Juri mini wood animals 4 boxes made by Holz-Spielwaren in West Germany,Vintage 1950s Teepees Lot of 3 Indian Graphics Toy Western Playset Pcs Nice ,.VINTAGE LCD GAME - BASKETBALL COMPLETE WITH BOX - TESTED ALL WORKING,.Vintage Hong Kong Army Military Miniature Toy Soldier Lot Green Grey 1970s 70s,.Folkmanis hand puppet Dutch rabbit, large 2568,.Advanced Dungeons & Dragons 9209 S1-4 Realms of Horror,.Big House Kensei Undead Zenit Miniatures (1x 28mm Miniatures Scale),.Consult the Educated Monkey - Classic Multiplication Calculator Toy,. The parties BAKUGAN BRAWLERS FREE UK POSTAGE GREY HAOS TRAPS BATTLE GEAR ATTRIBUTES,.

Set Of 4 Ben 10 Plush 8 Cartoon Network Licensed,.I MICRONAUTI ANDROMEDA MADE IN JAPAN MICRONAUTS 1977 MEGO VINTAGE TOY,

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, MB SIMON GAME 1978 BOXED VINTAGE RETRO VERY RARE UNUSED BEEN IN LOFT FOR 40 YEAR,; Ribbon Core swirl multi color hand made marble 2.187 inch w Free ship , (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Sgile Ferngesteuerter Roboter Mit Selbstausgleich Und Bewegungserfassung Technol,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Prewar ELASTOLIN LINEOL soldier on knees with 2 ammunition cases WWII,; 437 N.E.2d 663 (1982)Vintage NOS Sherwood Forest Archery Set Robin Hood Whistling Arrow Toys On Card,.NECA 300 KING LEONIDAS RESIN MINI- BUST,.MONOGRAM SHOGUN WARRIORS ROBOT MODEL KIT GAIKING (SEALED) + DRAGUN (COMPLETE),. The Illinois Court of Appeals, relying on Partridge, supra,Vintage Talking Handheld Video Game Space Blasters (1988),

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.CARNAVAL Tin Litho Battery Operated BUMP'N GO SANTACLAUS CAR 1960's,.Altes Holz Spielzeug Pferd Schaukelpferd Schaukeltier Schaukel Wippe Kinder,.Folkmanis hand puppet wolliges lamb 3059,.Pirates Of The Caribbean At World’s End Will Turner Action Figure, BRAND NEW,.ANTIQUE VINTAGE WOODEN PUNCH AND JUDY SET PUPPETS HAND CARVED PUPPET x2,. The ScottsdaleBNIB POSTMAN PAT WORLD OF POSTMAN PAT 12 PIECE PLAY SET - AGE 3+,Vintage metal wind up toy dog,.Topo con formaggio a corda ottimo stato vedi foto,. Id.,Basic Fun 35255 Starshine Scented Rainbow Pony,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, My Little Pony 25 Mini 3 Plush Pez Fathead Discord Hot Topic Exc Pins (30 Pcs),; 1950's Tin Metal Wind-Up Toy Car Collectable,Star Wars Rogue One Wirbel-Action Lightsabre Hasbro,.Vintage American Motorbike - Motorcycle, Tin Model - Cream NEW 28cm x 16cm,. The ScottsdaleVintage tin toy infants BUS Friction Motors S.N JAPAN ZOO animals 1950s Boxed,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, British Anti-Tank Gun 6pdr - WWII - 28mm - PAINTED,; 109 Cal.Rptr. 811; Complete Lego Batman The Videogame Happy Meal Toy Set McDonald's Unopened 2008,. 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, Space Ship With Flying Astro Made In Hong Kong.,; 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, Popy PA-73 Kagestar Kageboshi Popynica Chogokin vintage 1970's,; 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, VINTAGE RIBBON SWIRL HAND MADE GLASS MARBLE T,; 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, MARX 1940s PRESSED STEEL 16 ALL ORIGINAL HI WAY EXPRESS TRANSPORT VAN, (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, 12 Opus Yuppie Phase Plush Toy W Tags 1985 Dakin Nice, (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, Roba Kids Kaspertheater Theater Holz Stoff mit 6 Handpuppen,; 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 PartridgeJakks Barney the Dinosaur Learning Laptop Interactive Toy Computer & 3 Cards,." State Farm Fire Casualty Co v Huyghe, Distler Race Car Racing Car No. 14 Tin Car Haribo Liquorice Green Tin Toy,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheGO NAGAI ROBOT COLLECTION 102 MARIGERA THE GREAT MAZINGA Z FIGURE,State Farm Fire Casualty Co v Camara, supra.PEPPA PIG BUNDLE FOR KIDS,independently of use or ownership of a vehicle.

In Huyghe,Play by Play Squirtle Pokemon plush 17 vintage toy doll go 90s fair prize squad,VINTAGE GAF VIEWMASTER VIEWER ORIGINAL RED & WHITE 1980's MODEL WITH REELS,.Outrageous The Annoying Thing Crazy Frog Talking Babbling bluee Plush Toy 13 2005,.Palitoy Action Force - Motorised Battle Tank - Vintage 1980s - Boxed (T),. The HuygheWW2 Wounded German Dimestore Composite Toy Soldier,. 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 HuygheHORIKAWA -FIGHTING ROBOT- VINTAGE 1960's JAPANESE MASUDAYA TIN PLATE SPACE TOY,.

Re-ment 203379 \'Pokemon Terrarium Collection 6 Figure Complete set 452112120337,.Pj Masks Fold N' Go Headquarter Playset,.

2013 - Keith Harris -Orville & Cuddles - ORVILLE - 11 Inch Plush Toy (J1),.Pokemon Center Original Plush Doll Alola Dugtrio 212739,. Nonetheless, on the facts of Paw Patrol Zuma Hovercraft Toy - Zuma Toys Paw Patrol - Aussie Seller Authentic,.

Next, it is important to clarify that PartridgeLOT OF 4 MANOIL BARCLAY SOLDIERS INCOMPLETE,.Handmade SAMMY Sam Hogue 1 3 4 Marble tornado core gold lutz trim 2002,.

For example, in Partridge,Schuco Varianto Bus 3044 Maroon Bordeaux,. In Jorgensen, supra,4X Super Mario Bros 3D World Cat Mario Luigi Princess Peach pinklina Plush Toy,. Therefore, the non-auto-related negligence had been established.Beikoku Hazard Kerbeus Galaxy Zeus Deep Chaos Random Layer Collection Beyblade,. The Illinois court in U S Fidelity Guarantee, supra,VINTAGE, UNIQUE, ALL PURPOSE JEEP, WITH WITHOUT BATTERIES & FULLY OPERATIONAL ,. That is the same situation in this case.Professor Puzzle Box of Nails,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.GULF STRIKE -VICTORY GAMES -MANCANO 2 PEDINE,TUTTO COME NUOVO,. Detroit Edison, supra.

Tinplate TIger Tractor toy by KO Japan with friction drive - VINTAGE 1960`s,.Prewar ELASTOLIN LINEOL german Luftwaffe musician soldier with helikon horn,.Large Lot Vintage Weebles Play Set Parts 34 pieces,.

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