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 Giocattolo Latta Modern Toys Made In Japan Bell Ringer Choo Choo Train Treno,.ANTIQUE GERMAN MARBLE HAND BLOWN GLASS LOT OF 3 WITH ULLMAN TRIPLE STAND ,.MASUDAYA NASA APOLLO Buriki Tin Vintage Retro Toy 1960s Rare,.Vintage Circus Play Set 1930s Wooden Toy Animals w Changeable Heads Lion Tiger,.
The essential facts are not in dispute.Citroen De 19 Jep Miniatures Battery Operated Plastic Metal 22 Cm Not Tested,.FIREFORGE DEUS VULT REGOLAMENTO-Main rules WARGAMING IN THE TIME OF THE CRUSADE,. At approximately midnight, Clarke drove home in his automobile.ISL Duracell 12 Tall FRANCE 98 FOOTBALL WORLD CUP BUNNY TV Figure Boxed Job Lot,.NIB Mattel Jimmy Neutron R C Remote Control Robo Walker, 2002 NEW,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.P209 WJ West German Tin Plate Touring Motorbike with Rider,.JODY FINE HANDMADE GLASS MARBLE 1.104 ULTRA WIDE RIBBON pink TWIST-pink,LAVENDER,.Shopkins Fashion Spree Slumber Fun collection & Chef Club lot NEW, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Beyblade Gaia Dragoon MS Metal Spike HMS Heavy Metal System,.VINTAGE MARX TIMMEE TICO PLASTIC TOY ARMY TRAIN MARINE SOLDIERS BATTERY OP WORKS,.SUBBUTEO 70s HW team ref.9 with a 16mm and 2x22mm subbuteo ball,.Spielzeugsoldaten, German language edition Art of the Toy Soldier, Henry Kurtz,.
Large Jcpenny's cream elephant Plush toy E32,.7te See Grundregelwerk (hardcover) limitierte Ausgabe,.Schuco Varianto 3041 Limo Creme white,.Vintage Denys Fisher 1970s Henshin Cyborg figure CYBORG,.Tin toy Astronaut Osaka japan,.
Vintage Electronic Super Horse Racing Game c w Instructions,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Duracell Fireman Firefighter Bunny. Rare. Lights & Sound. Boxed,.My Little Pony Cutie Mark Rainbow Power Funrise Toy Corp. Hasbro 2014 New,.Arlesdale Barrel CO. w Cars Barrels Thomas & Friends Train Wooden Railway Engine,TINPLATE VW BEETLE RALLY CAR BATTERY OPERATED BUNP N GO CAR TAYO JAPAN 1960'S,.The Simpsons Homer Tin Coil Spring,.
Antique Toy Marble Joseph Peppermint Twist,.HASBRO® A9382 STAR WARS™ Rebels™ AT-AT™ Driver (SL18),.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.
Plarail 40th anniversary product in 1999,.
ANTIQUE GERMAN HANDMADE GLASS MARBLE .833 HOLLOW CORE SHOOTER-CHERRY,PINK,GREEN+,. We agree in part.
VINTAGE 1949 ELECTRIC MARX MOT-O-RUN EXPESS HI-WAY RACE SET WORKS W 3 CARS USED,..EXTRA LARGE OLD GLASS MARBLE WITH orange, blueE AND WHITE RIBBON INSIDE,.
A motion for summary disposition pursuant to MCR 2.Haruhi Loss Extra Figure Haruhi (Prize) Japan,.BOB THE BUILDER SWITCH AND FIX BRAND NEW AND BOXED FREE POST UK ONLY,.Star Wars Battle of Hoth Bust-Ups Series 5 by Gentle Giant,." Hazel Park v Potter, 169 Mich. App. 714, 718; VINTAGE 1950's BATTERY OPERATED LINE MAR TELLY TELEPHONE BEAR JAPAN TIN TOY,.MACH GO GO GO HAYABUSA TAKATOKU BULLMARK POPY TAKEMI,. Pontiac School Dist v Bloomfield Twp, MARX BAR M WESTERN RANCH TIN PLAY SET CABIN,; STAR WARS X-WING GDM Imperial Assault Carrier SWX35 NEW SEALED ENG,; 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. . . .
President America Donald Trump Stand Bobblehead Shaking Head Figure Doll Y8,.Vintage Tin Toyland Express Train and Mountain Special Toy Train 3671,VINTAGE EDEN TOYS - WIND UP MUSICAL TRAIN - I BEEN WORKING ON THE RAILROAD - VGC,. Pontiac School Dist, supra. OVER WILD CAR NIB PLASTIC WORKING B O MADE IN TAIWAN 80's VTG RARE VINTAGE,.
Lot of 6 vintage tin toy OHIO ART PUSH DOWN SPINNING TOY rattlers noise makers,.
A motion for summary disposition under MCR 2.Large tin plate VW camper Fire engine with hoses model 13 long great detail,.Witch and dragon pelham puppets , both in good condition and boxed .,.60CM Dinesy Large Big Lilo Stitch Stuffed animals Plush Baby Soft Toys Doll gift,. Fulton v Pontiac General Hosp, 1959 REMCO MOVIELAND DRIVE IN COMPLETE PLATFORM BOX CARS FILMS BILLBOARDS 98,; ELECTRONIC TRANSFORMERS MEGATRON DARK ENERGON EDITION LEADER ACTION FIGURES TOY,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Living Puppets Handpuppe Malte 65cm Neu,; 207 N.W.2d 316 (1973).
RUDOLPH 9 Plush W Music CD DanDee 2010 rudolph misfit toys NEW,. 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.
SPACE PARATROOP ASTRONAUT 1960s Red 4 Vintage Spaceman Hong Kong Plastic Space,
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.]
Fiesta Crafts Finger Puppet Theatre,
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.
Spongebob Spongebuddy Talking Smartypants Squrepants Doll Ages 3+ Toy,. First, the policy's exclusionary language is not ambiguous.RoboCar poli transforming robot amber kids toy,.The Simpsons Playmates Interactive 12 Action Figures Play Set Lot School & Kids,. See Allstate Ins Co v Freeman, supra, pp 665-667.Folkmanis Labrador Puppy Hand Puppet (golden),. We disagree with the trial court's second and third statements.Aqua Crystal Earth Sphere with Natural Earth Continents, Glass Stand Included...,.
VINTAGE ASTRO WARRIORS LCD LARGE HANDHELD GAME BY GRANDSTAND IN BOX BOXED G&W,.Vtg 1964 Mattel Thingmaker Creeple Peeple,.2002 SAMMY Sam Hogue Handmade 1 3 4 Marble swirl ECS7,.Lot of 6 PAW PATROL SUPER PUPS MINI FIGURES NEW FREE SHIPPING,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Toytron Little Future Book Pgoldro Talking Korean Card Education Book,.
Rare Vintage Antique Lot Of 12 German Swirl Marbles Rough Condition,.Living Puppets W241 Jennilein Handpuppe 35 cm Sandalen und geflochtenen Zöpfen,.Thomas & Friends Fisher Price Take N Play Hiro Toys Games,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Vintage Nomura Showa Lited Piston Plane Tin Plate Toy Japan 1950s Boxed Rare,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Large Tow mater Pillow pets plush stuffed animal 20 ,.Vintage Troll Grandma Russ 1980's with Knitting Wool and Dress Collectibles,.Jim Hensons Muppet Fozzie Bear 25 INCH,.CIRCLING PLANE JAPAN Masudaya Tin Toy Battery 1950” Great State ,.8 x Large Vintage Old Marbles - Largest Measures 42mm Diameter,.
Vintage MARX Fort Apache Indians Cavalry Toy Soldiers Lot of 30+ pieces, the ownership, maintenance, operation or use of any motor vehicle.HISTORICAL TIN FIGURES AQUILIFER LEGIO XX VALERIA VICTRIX 1 CENT. AD 90MM FI20,.Harry Potter Quidditch Doll - Harry Potter GDJ70,. The Partridge1 12 Lattice Door with Japanese Traditional Pattern,.Paw Patrol Deluxe Sounds Vehicle Skye’s Helicopter,.Vintage PLAYMOBIL 3720 Romani Circus Playset INCOMPLETE for Spares or Repairs,
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 Modern Toys Japan Tinplate Battery Operated Gemini X5 Spaceship, although there is no uniform application of the doctrine.VINTAGE 1998 TELETUBBIE DIPSY GREEN PLUSH TALKING DOLL HASBRO 16 TALL,Partridge, but also over the analysis to be applied.Miraculous 39751 Antibug Fashion Doll, 26 Cm,.METAL ACTION MAZINKAISER BODY FIGURES ONLY BODY,PartridgeBAYKO Building Set 3 from 1950s, boxed and complete with instructions,.VARIS – Marble Run Extra Set V 7 Parts,.
See Waseca Mutual Ins Co v Noska, Kenner Play Doh Stone Presto Molder Farm Set Play Set Rare Vintage 1960's, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, The Nightmare Before Christmas Pumpkin King Halloween Light & Musical Door Decor,; Marbles Hand Made Art Glass Alloway Dichroic Rainbow Swirl inch,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Of Dragons, Fairies and Wizards Magical Pixie House - Pink, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Talking Spongebob Square Pants 2003 Viacom Biscuit Barrel Box, (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 PartridgeTeletubbies Melamine Plate & Dish bowl 1996. Ragdoll - vintage Rare Spearmark.,.
Vintage Popples Periwinkle Flower 1987 bluee Popple Plush Plushie Stuffed Animal,.Pokemon XY Cool Storage box with energy cards , Clarke's negligent act.THE INVASION OF RUSSIA 1812 -EUROPA SIMULAZIONE NO AH GMT MMP VG DVG SPI GDW,.Shopkins Season 4 Valentine's Day Sweetheart Collection-Season 4 Blind Basket,.Poupée à main Folkmanis bébé Panda 3061,.
Galt Toys Super Marble Run 1 C. 60pc,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, POWER RANGERS MORPHER RPM REV CELL NINJA STORM OVERDRIVE YOU CHOOSE,VINTAGE TIN LITHO TOY TRAIN LOCOMOTIVE WESTERN 2 1860 TM MODERN TOYS JAPAN 60s,. In Noska,Battery operated Wooden Boat & Lighthouse,.Rare E.T. The Extra-Terrestrial Interactive Figure (Pacific Playthings) 2001,.Car Citroen 2CV Sheet Metal Model Tin Vintage 33 cm 37876,.PSA 9 Saffron City Gym YAMABUKI CITY GYM NO RARITY Pokemon Trainer P016, necessary to cause the damage. Id., p 920.Alte Glasmurmeln antike Murmeln LAUSCHA Handarbeit Marble Swirl 30mm (337),.MF Christensen American Swirl Hand gathered Marble .710 ,.Himuro Kinu Gs Beauty God Paradise Masterpiece Sunday Magazine 50Th Anniversary,.Wooden Puppets, Handmade, Hand Painted Wooden Puppets, Nostalgic Toys,. Id., p 923.
TIN TOY TIN TOY JAPAN BATTERY BEAR THAT CALLS 60 YEARS WORKING GIOCATTOLO LATTA,.
In Jorgensen v Auto-Owners Ins Co, STAR WARS X-WING GDM Ala-U SWX62 NEW SEALED ITA,Hasbro My Little Pony Bundle 12 Figures & Esquestria Doll,.LOTTO Starzinger Sir-Jogo GA 87 Popy Chogokin Starzinger ROBOT VINTAGE,.Ceramic ET Extra Terrestrial Vintage Hand Painted Statue E T Movie Character,.GO NAGAI ROBOT COLLECTION 45 SIGNORE DEL DRAGO JEEG ROBOT D'STEEL FIGURE,.Meccano multi models super construction set brand new very rare never opened,.Distler Race Car Racing Car No. 2 Tin Car Haribo Lakrids Beige Tin Toy,.THE SOUTH PARK TALKING TIMMY CHAIR PLUSH TOY DOLL FIGURE BY FUN 4 ALL MWT,. The parties Vtg 93 Shari Lewis Lamb Chop & BUTTERFLIES Curtain 62x48 EACH-RARE craft fabric,.
Transformers MPP27 Ironhide Leader Class Robot Force Action Figures Van Car Toy,.TIN TOY - ROBOT MOON EXPLORER X2- WIND UP - blueE H185mm TR2019 2020,
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, VNTG.DAIYA TIN TOY PORSCHE CARRERA 908 WITH 2 SPEEDS BATT. OPERATED ENGINE SOUND,; Raditz Action Figure Dragon Ball Z DBZ Super Irwin 2000, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
GUMBY Plush Toy POKEY FRIEND Vintage STUFFED ANIMAL Ace Novelty COLLECTIBLE Rare,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, VINTAGE CHARLIE BROWN WITH SNOOPY STATUE,; 437 N.E.2d 663 (1982)PELHAM PUPPET. FIFI POODLE WHITE RABBIT FUR. BOXED.,.RARE Vintage - FLOTANO W - Schuco 3009 MIB,.Shihohara Ashino Ziwaru Days Raw Photo Comp 2 Pieces Set Akb48,. The Illinois Court of Appeals, relying on Partridge, supra,OUTSTANDING HONEY DEW MELON GREEN OPAL TRI COLOR VINTAGE PELTIER GLASS MARBLE,
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.VINTAGE OLD RUSSIAN SOVIET USSR TOY SAND PAIL TIN TOY NORMA w BEE & BUTTERFLY,.PGH EffeldeR NVA ARMY SET LOT DEAL ,RARE POSES LOT -PLASTIC RUBBER 75 80 MM MAX,.Miffy 12 Plush w Sound & Grunty, Poppy & Miffy from Miffy's Adventures Big & Sm,.SAWYER'S VIEWMASTER STEREO SET MODEL C, LIGHT ATTACHMENT & CIRCUS REELS D449,.Ben & Holly's Little Kingdom Thistle Castle Playset,. The ScottsdaleMy Little Pony The Movie Playset Girls Toy Set Free Postage,AKIRA FUDO MOTORCYCLE DIE-CAST GnK-01 CHOGOKING MOTO DEVILMAN NEW NO POPY,.The Hobbit The Battle of the Five Armies Smaug Dragon 6-Inch Pop Vinyl Figure,. Id.,Yoyo Zeekio Aftermath Yo-Yo - Red,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Rare Vintage Wyandotte Tin U.S.S Enterprise Aircraft Carrier Toy Very Clean 12 ,; VINTAGE NOMURA BATTERY OPERATED SHOE SHINE JOE FULLY WORKING W ORIGINAL BOX ,Folkmanis 3061 Baby Panda Puppet,.TMNT Teenage Mutant Ninja Turtle electronic T-Blaster game shooter w balls NEW,. The Scottsdale1980's Keypers by Tonka TANGO 11 Plush Toy - Great Used Condition (K18),Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, The Puppet Company Orangutan - Medium Primates,; 109 Cal.Rptr. 811; Multifunktion Roboter Tanzen intelligente Programmierung Konversation Spielzeug,. 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, HTF Blended Translucnt Submarine Vintage Peltier Glass Marble,; 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, Power Rangers Movie Power Sword Roleplay Toy [Lights Up],; 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 1950s 60s Army French German Arabian US Soldier Playset Giant Marx,; 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, Pair of Great Marx Vintage 1960's Popular White Dairy Barn Weather Vanes 512-Z, (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, Vintage German Swirl Ribbon Marble Handmade R8241, (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, Vintage Made Japan Wind Up Jumping Flips Puppy Brown Dog - Works,; 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 Partridge2pcs Pokemon Mega Gengar & White Mega Gengar Plush Doll Stuffed Toys Gift,." State Farm Fire Casualty Co v Huyghe, Starcom 1986 Shadow Raider Sky Roller action figure vehicles RARE,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheLiving Puppets Handpuppe Mampfine 60 cm W654,State Farm Fire Casualty Co v Camara, supra.RARE yellow GAF View-master Model J,independently of use or ownership of a vehicle.
In Huyghe,Vintage Tinplate Fire Engine ( Boxed ),Living Puppets® Handpuppe Lasse 45 cm W139,.Pelham Puppet - SS3 Gypsy Girl in Original Yellow Window Box,.Kaiyodo FIGURE Robot DANCOUGAR series REVOLTECH Action FIGURE Kaiyodo 078 Japan,. The HuygheDragon Ball Broli green hair PVC figure figures doll dolls toy anime new,. 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 HuyghePaw Patrol Skye's High Flyin Copter,.
Alfa Romeo 2500 um 1951 Tin Car Sheet Metal Model Vintage 30 cm 37078,.Wind Up Racing 4 Mice-Realistic Looking Mice, Carefree pet - Set of 4 Toy Mice ,.
Mixed STAR WARS Lot Buddies Beanie Plush Dolls Toys C3PO Yoda Chewbacca Chewie,.1 6 scale Obitsu 11cm infant body 11BD-D01N-G Natural skin w magnet figure,. Nonetheless, on the facts of Schuco OLDTIMER Mercedes Simplex Anno 1902,.
Next, it is important to clarify that PartridgeRARE Vtg 50s 60s T.N Japan Tin Wind Up MR. TRAFFIC POLICEMAN Mechanical Toy,.100164 Minion one Mitsumi with mascot chain 6 pieces ball chain,.
For example, in Partridge,Nella the Princess Knight Sparkle Sword Role Play TV + Tiara Kids Toy Fast Free,. In Jorgensen, supra,Harry Potter Hagrid & Baby Norbert Christmas Tree Holiday Ornament Kurt Adler,. Therefore, the non-auto-related negligence had been established.1977 Dodge Monaco Metropolitan Police The Terminator (1984) Movie 1 43 Diecast,. The Illinois court in U S Fidelity Guarantee, supra,MARX Airport Playset 23 Figures; Motorcycle, Police, cart with pusher, many more,. That is the same situation in this case.Guess Who Finding Dory Edition Game, Toys & Games,,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.BUKI PM855 - Box Of Marbles,. Detroit Edison, supra.
CM'S BRAVE 26 TIME BOKAN TIME MECHABUTON Ready to ship ,.Pokemon Halloween Limited Metal Charm,.Carro armato DI LATTA MARCA JOUSTRA 20 CM giocattolo,.
VINTAGE NOS COLLECTIBLE USSR RUSSIA TIN TOY ARROW AIRPLANE AEROFLOT TU-144,.