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 Vintage 1960s HKEI Battery Powered Harbour Set (Rare) Hong Kong Tug Boats Ships,.Pokemon Slammers Pikachu, Mewtwo, Squirtle, Poliwhirl Oddzon, Inc 1999,.13 Village People Fancy Dress Meerkat Super Soft Plush Toy Biker,.Trudi Hand Puppet (25 cm, Rabbit),.
The essential facts are not in dispute.Revolutionäre Finger Puppen Set Gandhi, Che Guevara, Trosky, Mandel,.Toy Story 3 Mr Potato Head Spud Lightyear And Woodys Tater Roundup,. At approximately midnight, Clarke drove home in his automobile.Noisemaker NEW TIN RARE PENNY TOY MADE IN GREECE GREEK Vintage 60s Lithographed,.Vintage bendy toys x 3 rupert paddington bear noddy in car genuine collectable,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Thomas Thw Tank Take N Play Bundle,.Pelham Puppet Gepetto with Fluffy hair,.Handmade SAMMY Sam Hogue 1 3 4 Marble aventurine multi color swirl 2000 ECS1, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Atarashi RPG Magical Land of Yeld, The SC SW,.Just Play Trolls True Colours Poppy Styling Head,.Beyblade Burst Bg-09 Random Layer Collection Vol. 9 All 5 Types Full Comp Set,.Hand puppet Cat Girl Boy Green toy Theater show Animation game,.
Simba 105032355 (Od 3 lat),.The Real Ghostbusters Battery Operated Pinball Game by Jotastar, 1986, Boxed,.Vintage AKRO CORKSCREW MARBLE SPECIAL ,.The Simpsons World of Springfield Talking Family Car by Playmates. Damaged Box,.RC Mini MIP Build Up Robot, Build your own Robot,.
1950'S- M40 TANK + BY MODERN TOYS - MASUDAYA - JAPAN - BATTERY OPERATED,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.19, Japan M-75 tank, Good used,an parts,read more in listing,.Presu East German plastic model battery remote control car a Wartburg,.Chrome Planet Robot Toys Gifts Walking Forbidden Planet Classic Collectable,Puppet Nepal Handcrafted Cat and Princess 5793,.Thomas & Friends Learn with Thomas Alphaphonics,.
Distler Zeppelin tin airship Penny Toy made in Germany 1910,.Pokemon Battle Frontier Series 2 Geodude Figure,.VINTAGE MECHANICAL WELL TIN TOY,.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.
Alola VULPIX Stuffed doll Plush Pokemon center original Japanese GIFT,.
ANIME ROBOT COLLECTION 50 THE SPACESHIP GEN. NADYA DALTANIOUS FIGURE,. We agree in part.
Cat And Cow Tin Ornaments Writer Unknown,.2 Hasbro My Little Pony CHEERILEE Talking SO SOFT NEWBORN 9 Plush 2008 Dolls,.
A motion for summary disposition pursuant to MCR 2.NOMURA TOY Driving Car Highway Patrol Battery Oparated Removie Hasbro JPN C08,.Apollo Pro BC Signarue Series Laminated Hard Wood Vintage Yo-Yo Plus Bag USA,.Super Rare Vintage Babe-O-Meter Game,." Hazel Park v Potter, 169 Mich. App. 714, 718; MY LITTLE PONY G1 VINTAGE EURO EUROPEAN PLAYSCHOOL BABY ALPHABET,.Star Wars Rogue One Wirbel-Action Lightsabre Hasbro,. Pontiac School Dist v Bloomfield Twp, Army Painter - Warpaints Kings Of War Greenskins,; Vintage My Little Pony G1 Daddy Bright Bouquet 1987,; 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. . . .
CHEVY CORVETTE VINTAGE BATTERY OPERATED TOY CAR 1 12 SCALE NANYUNG WHITE,.PLUSH SOFT TOY Folkmanis 3090 American Kestrel Bird Full Body Hand Puppet,SCHUCO VARIANTO METAL STREET LAMP LIGHT NR. 3065 IN ORIGINAL BOX TESTED WORKING,. Pontiac School Dist, supra.Große antike Glas Murmel Glaskugel 40mm Abriss Doppelabriss Potsdam,.
10X(Wind-Up Retro Racing Car Model Toy Collectible Gift R1T4),.
A motion for summary disposition under MCR 2.VINTAGE BATTERY OPERATED MARX 1950s ELECTRIC ROBOT & SON SPACE TOY,.HANDMADE ART GLASS MARBLE .616 -FRESH CUT GRASS-LIME,GRASS GREEN, & TRANS.CELERY,.USED Nomura Toy's Radar Robot Tin Toy 1950s Hight 23cm JAPAN F S Registered,. Fulton v Pontiac General Hosp, GO NAGAI ROBOT COLLECTION SPECIAL 4 JEEG SHIELDS redATING ROBOT D'STEEL FIGURE,; MACROSS - ROBOTECH - 1 72 F-14 s-Typ Replik Calibre Wings,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, DFC Invasion of Anzio The Military Action Playset,; 207 N.W.2d 316 (1973).
Vintage 1970s-80s Sesame Street Mugs - 4 designs,. 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.
Vintage Tin Litho King Pin Bowling Game No. 300 With Wood Bowling Pins,
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.]
2001 Harry Potter glowing Slime Chamber Playset Giant Oozing Snake Reptile NEW,
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.
APPA AVATAR LAST AIRBENDER 20 INCH and MOMO STUFFED SOFT PLUSH DOLL TOY SET 2PCS,. First, the policy's exclusionary language is not ambiguous.NEW Shimmer & Shine Teenie Genies Deluxe Masquerade Playset with 11 Genies,.Tin Keroyon Space Station 1960's Nomura ToyVintage NOMURA TOY Made In Japan F S,. See Allstate Ins Co v Freeman, supra, pp 665-667.Asahi Toy no. 3940 Space Traveler Ca Star Reconnaissance Japan Boxed,. We disagree with the trial court's second and third statements.Big Bird Giggle Wiggle Plush Toy Battery Operated 1996 Jim Henson Productions,.
My Little Pony Crystal Princess Pretty Pattern Pony Daisy Paisley G3,.ANTIQUE GERMAN HANDMADE GLASS MARBLE .640 -LIME GREEN MICA BLIZZARD W FILIMENT-,.HANDMADE GLASS MARBLE 1.043 -LIME TURQUOISE CORKSCREW-LUTZ,LIME,&TRANS.TURQUOISE,.Thomas and Friends japanes Capsuletoys Small railway edition 6pcs,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.26-Count Vintage Marbles, Akro,Marble King, Alley, Christensen, Etc...,.
Vintage Turkey Ne-kur tin plate toy Ucan Daire flying saucer space toy Boxed,.MARX Airport Playset 8 small planes; Bonanza,Delta Dagger, F-107A, Tri-Pacer, +,.HASBRO BEYWHEELZ CRASH COURSE BATTLE SET,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, 29986a 14x Glas Murmel Glasmurmel 1,4cm swirl marble Lauscha prewar,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Dreamworks Home Movie Talking Oh Boov and Pig the Cat Soft Plush Toys 28cm Dolls,.Grandstand Astro Warriors 1984 Vintage LCD Handheld Electronic Game - Near Mint.,.PICNIC BEAR BATTERY OPerated TOY DRINKING BEAR BOX 1950s 1960s JAPAN EYES LIGHT,.Prewar german TippCo TCO anti-aircraft searchlight trailer 7cm Lineol Elastolin,.Heroclix Marvel Secret Wars Battleworld 058 Thanos,.
VINTAGE JAPANESE FORD MUSTANG BATTERY OPERATED BUMP N' GO RACE CAR, the ownership, maintenance, operation or use of any motor vehicle.HANDMADE GLASS MARBLE 1.619 -RAINBOW & GREEN LUTZ TRIPLE-YELLOW,blueE,LAVENDER++,.RARE 1947 ORIGINAL BAYKO GREY CANOPY. GENUINE EARLY POST WAR COLOUR.,. The PartridgeVintage Ohta K Japan Tin Friction Jet The Ice Cream Vendor Cart Vender EX L@@K,.NWT Chenson Quality Super Mario 3-D Browser Face Purse Clutch or Case,.Fun Express 12pc - Plush soft cuddly Animal Hand Puppets -new,
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, Lot Of 11 Vintage Metal And Plastic Noise Makers For Party's, Holiday, Birthday, although there is no uniform application of the doctrine.Original Buzz Lightyear , with box , 1990s first edition.,Partridge, but also over the analysis to be applied.Vintage A.C.Gilbert Erector Set parts,.Neca four horsemen MOTU masters universe mini bust Mer-Man mib,PartridgeOld tin toy model tram friction mechanism DDR Germany 1950's RARE,.My Little Pony G3 Zauberei Marigold (2004),.
See Waseca Mutual Ins Co v Noska, ANTIQUE GERMAN MARBLE HAND BLOWN GLASS BEAUTIFUL RED blueE SWIRLS BUBBLES , (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Fiesta Crafts Finger Puppet Theatre,; President America Donald Trump Stand Bobblehead Shaking Head Figure Doll Y8,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, White Girl With Moving Mouth Hand Puppet - Fiesta Crafts, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, RARE LOT ORIGINAL 1950'S DISTLER PORSCHE 356 ELECTROMATIC 7500 GERMANY+REPLICA , (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 PartridgeZeekio Space Monkey Yo-Yo Pink - Professional Yo-Yo Toy,.
Junger Schwan Baby Swan von Folkmanis Handpuppen, puppet, marionette (3110),.My Little Pony Light Up Twilight Sparkle Style And Groom HTI Age 3+ Years, Clarke's negligent act.Funko POP Movies - Fantastic Beasts 2 Vinyl Figures - SET OF 3 HUMANS (Newt +),.CIRCUS ELEPHANT Vintage Battery Operated Tin Toy Japanese Made Boxed,.Wanpisu Waldo Collectible Figures Halloween Special2 (Halloween Special 2) Japan,.
Henry's J04010 08 – Yo-Yo Diabolo Jazz bluee,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, MR POTATO HEAD - ORIGINAL TOY STORY - NEW NEVER OPENED - PLUSH WITH ATTACHABLES,Varis Marble Run - Basic Set, 33 Parts,. In Noska,Handpuppe Königin yellow 40 cm Trullala, 25026,.GORGEOUS Steve Davis orange Yellow Marble 1.92 Signed + Glass Stand MINT,.MINT 1993 TEENAGE MUTANT NINJA TURTLES WOLFMAN LEO UNIVERSAL ACTION FIGURE,.Joblot Wholesale Bin Weevil Playset, necessary to cause the damage. Id., p 920.bluee Box Hidden Adventures Castle Playset NIB Vtg 1990s Knights Catapult Horses,.USED Nomura Toy Helicopter Remote Control USAF Airplane Tinplate toy JAPAN F S,.Academy Hero Three Kingdoms Legend Changer Premium Toy For Kids Gift_RU,.3 Pcs Despicable Me Minions 16 Plush Stuffed Cute Animal Doll Toys,. Id., p 923.
Gunthermann Circus Bears German Tin Pull Toy Guntherman Germany,.
In Jorgensen v Auto-Owners Ins Co, Vintage Juri mini wood animals 4 boxes made by Holz-Spielwaren in West Germany,BIG LOT OF VERY OLD 21 PUNCH & JUDY HAND PUPPETS,.MW Set 10 ModelPlans on CD,.Vintage Denys Fisher 1970s Henshin Cyborg figure CYBORG,.Living Puppets® Paff W751 NEU & OVP,.Living Puppets® Handpuppe Galosche 801W607,.Theatre Playset with 4 Puppets - Little Red Riding Hood Puppet Theatre,.Vintage Toy Tin Litho anti-aircraft tank,. The parties SHAKING CLASSIC CARVintage Battery Tin ToyJapanese Made Boxed,.
Clearance vtg 1971 ROMPER ROOM Soft Shapes Enchanted Village RARE,.Vintage A.C. Gilbert 1950’s 8.5 Erector Set Power Plant Ferris Wheel,
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, INFINITY 0744 Line Kazaks (Ariadna) FACTORY SEALED,; MALIFAUX Vengeful Spirits WYR20206 NEW FACTORY SEALED M2E, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
Hasbro Sesame Street LARGE PLAY ALL DAY INTERACTIVE ELMO 21 Plush STUFFED Toy,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Vintage BRITAINS WILD WEST empty DISPENSER BOX 7513 ultra rare 1970,; 437 N.E.2d 663 (1982)Showa Retro Chuo Line Train,.SINGING FISH BILLY BASS VINTAGE WALL PLAQUE NOVELTY GIFT DANCING RARE 80S NEW,.REMCO INDUSTRIES -WIZARD OF OZ, TIN MAN- VINTAGE 1969 ROBOT TOY MODEL,. The Illinois Court of Appeals, relying on Partridge, supra,OLD 1966 LAKESIDE AMERICAN HEROES FIGHTING MAN ARMY SUPER FLEX MADE HONG KONG,
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.Annoying orange kitchen crew lot,.KOTOBUKIYA - BATMAN THE ANIMATED SERIES THE JOKER ARTFX+ STATUE - BNIB ,.SAWYER'S VIEWMASTER VIEWER ORIGINAL 1950's BOXED & REELS,.Old Man Joe Marionette Puppet,.Vintage Nomura Showa Japan Tin Volkswagen Conv Battery & Friction Beetle Bug MIB,. The ScottsdaleFolkmanis hand puppet rat, collects like-2847,Despicable Me Stuart & Kevin Light Set,.Gbn Direction Indicator Sheet Metal Halensee Potsdam Rixdorf Tin Toy Tin Toy,. Id.,Super Mario Plush Collection - Choose from 35 Different Heroes Characters - NEW,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Robot Griffon Labor Patlabor 1 35 vinyl model kit Elfin (garage kit),; 20,000 MIJLEN ONDER ZEE VIEWMASTER 1950s Story Reels Set B370 Dutch League Sea,Japanese Pokemon Center 10 Arcanine plush doll Mofu-Mofu Paradise fluffly C,.Vintage Tinplate Horses and Carriage,. The ScottsdaleHand knitted postman pat toy doll. 15” high.,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, ALTE GROSSE Glas Murmel Glasmurmel 4,5 cm - klar mit Punkten Marble Swirl (40),; 109 Cal.Rptr. 811; Star Twinkle PreCure Soft Plush Doll Fuwa From Japan Japan,. 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, Tin toy Drummer Bozo Japan anni 50,; 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, Paw Patrol Ultimate Rescue - Rubbles Ultimate Rescue Bulldozer with Moving Scoo,; 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, Spounge bob3,mashems promo container still has figures,; 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, Advanced Dungeons & Dragons 2nd Ed. The Complete Sha'ir's Handbook, 2146 (7000), (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, JODY FINE HANDMADE GLASS MARBLE .912 -PASTEL WIDE RIBBON-LARGE SHOOTER-LIME,blueE, (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, Tin Plate Model of a Vintage large Army Helicopter Green Ornament Gift Boxed,; 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 TIN TOY LITHO CAR FIRE DEPT NO.7 NOMURA T.N MADE IN JAPAN 1950-60s,." State Farm Fire Casualty Co v Huyghe, Comansi Official Shimmer And Shine Toy Figure Cake Topper Toppers,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheVintage RARE Eldon USMC Soldier Beach Master LCVP Landing Craft Great Condition,State Farm Fire Casualty Co v Camara, supra.Awake PIPLUP Penguin Pokemon Center Poke Plush Kuttari Cutie bean bag doll NEW,independently of use or ownership of a vehicle.
In Huyghe,JW Josef Wagner Tinplate Toy Motorcycle Motorrad friction Western Germany x 4,Guidecraft Usa - Community & Roadway Essentials,.VINTAGE SMC HAND PUPPETS BOXING MUHAMMAD ALI & HOWARD COSELL V.GOOD++CONDITION,.BATMAN GAF VIEWMASTER REELS 1966 DC COMICS SET B492 RARE INC ORDER FORM D410,. The HuygheMinion MiP Turbo Dave Fun Balancing Robot Toy blueetooth smart Despicable me 3,. 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 HuygheVINTAGE PELHAM PUPPETS FRITZI STANDARD STRINGED (SS) PUPPET,.
Universal Studios Dr Seuss Enterprises CAT IN THE HAT 30”Inch Soft Toy ️,.TRANSPARENT LEMON LIME GREEN GLASS MULTI COLOR VINTAGE PELTIER MARBLE,.
Alternity Lot- Campaign Kit, Gamemaster Guide, Star Compendium (U-B10S6 203238),.BATTEN ROBOMARU - POPY ROBOT JAPAN TOYS POPY. NEW UNUSED.,. Nonetheless, on the facts of My Little Pony Princess Twilight Sparkle & Spike The Dragon Friendship Duet,.
Next, it is important to clarify that PartridgeBig Mouth Billy Bass Singing Fish Vintage Toy, used, no batteries,.PAN AM SKY TAXI HELICOPTER SERVICE BATTERY OP MINT IN BOX WORKS MADE IN JAPAN,.
For example, in Partridge,Batman JOKER Action Figure Heath Ledger Bazooka Dark Knight 2008 Toys R Us,. In Jorgensen, supra,Lot of 8 Vintage MMPR Power Rangers Posters Pictures Signs Green bluee Small Big,. Therefore, the non-auto-related negligence had been established.PLANET OF THE CATS - Cat and Winter 2013 Pvc Figure Rare Chair Wonder Festival,. The Illinois court in U S Fidelity Guarantee, supra,Duncan Pulse LED Light Up Yo-Yo YoYo - Red + STRINGS,. That is the same situation in this case.Star Wars Stormtrooper Wind Up - Tin Ups Wind Brand New,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.DANNY'S DIVING ADVENTURE NEW BATH TOY,. Detroit Edison, supra.
Triang Minic M - Dust Cart Lorry - bluee Red - C NB,.Large 14 Odie Dog Plush Stuffed Animal from Garfield. Licensed Toy. NEW.,.New Jumbo Jurassic World 24 Long Indominous HYBRID Grey PLUSH Dinosaur Toy NWT.,.
My Little Pony Cherry Pie w White Mouse G4 FIM NIB 2010 ( Rare ),.