J Chein Toys Easter Rabbit Pushing Cart Tin Tin Tin Litho Toy 818-F 96ac94

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
J Chein Toys Easter Rabbit Pushing Cart Tin Tin Tin Litho Toy 818-F 96ac94
ANTIQUE GERMAN HANDMADE GLASS MARBLE .632 LATTICINIO PLAYER-PINK WHITE,MINT GRN,
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 Vintage Marx Camouflaged Cruiser Tank, Battery Op Toy Vehicle in Original Box,.RARE Vintage THE SIMPSONS 3D CHESS Set 1991 Complete NEW EXCELLENT CONDITION,.Lucotte VERY RARE Boxed Set Russian Infantry. Circa 1914,.Paw Patrol Mission Paw - Rubble’s Mini Miner - Figure and Vehicle,.

The essential facts are not in dispute.Baby Orang - Utan Baby Orangutan von Folkmanis Handpuppen, puppet, Affe 3106),.Pokemon Center Original Plush Alola Raichu doll JAPAN OFFICIAL U.S SELLER Gift,. At approximately midnight, Clarke drove home in his automobile.YONE CRAZY CLOWN HEAD WIND MECHANISM IN ORIGINAL BOX JAPAN EXCELLENT CONDITION,.Tin GAMA West Germany made by Pan American World Airways Pan Am Japan,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Meccano multi models super construction set brand new very rare never opened,.50 Adgreenising & Cartoon Logo 1 Inch Marbles Great For Collecting Resale lot D,.Happi Time Modern Farm 1951 2nd Version Louis Marx Sears Playset 39 Pieces, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

CARRO ARMATO IN LATTA - VINTAGE,.Peppa pig stuffed animal 2, Talking Plush,.VINTAGE MB STAR BIRD SPACE AVENGER + Instructions Boxed -Retro Toy .,.Käthe Kruse 136603 Mini Bambina Emmi Doll,.

Meadow Lane Farms Barn Tin Litho Ohio Art Vintage Toy,.12 Cool Vintage Robot Toys Battery Operated Electric Walking Man Retro Toy Gift,.Pokemon Go Articuno Figure Model Collectible For Decoration,.Vintage 1960s Louis Marx Fort Apache Carry- All Action Play Set Steel Toy,.Tyco Sesame Street Ernie Soft Toy - VGC,.

NORMA TALLINN goldlogio Giocattolo Latta URSS 1970 USSR Vintage Tin Toy Watch,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.RARE VINTAGE WADDINGTONS PUPLE PEOPLE EATER GAME,.Teenage Mutant Ninja Turtles (2004) Stone Biter TMNT Action Figure,.CAPITAN FUTURE BIG JIM MATTEL 1979 80 CAPITAINE FLAM CAPTAIN FUTURE MATTEL,Tin Toy Space Ship Mercury X-1 Yonezawa Japan Robot Astronaut Driver 1964's,.BeyBlade Burst B-73 B-74 Starter 73God Valkyrie 74Starter Kreis Satan with Laun,.

Guerra fra Galassie War of Galaxy Maschera Mask Model Figure Anime Manga Robot,.Old German Toy Soldiers, Heyde, Spenkuch, Wollner, more,.Grande peluche MAYA l'ape antico giocattolo, vintage,.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.

Pokemon Center Original stuffed Christmas 2018 Pikachu Plush Doll Japan Import,.

BAYKO SET 3X Plimpton contents almost complete with a few extras. Lot 171,. We agree in part.

SIMBA 104586784 Punch and Judy Hand Puppet Set (6-Piece),.VINTAGE - PIKO dat - SPIELZEUGCOMPUTER - OVP,.

A motion for summary disposition pursuant to MCR 2.Fiesta Crafts Finger Puppet Theatre,.Monopoly LCD Handheld Talking Game Waddingtons 1999 Rare Electronic 90's Ref A,.2000 Cartoon Network Scooby Doo Series 2 Daphne Figure Moc Mosc Sealed,." Hazel Park v Potter, 169 Mich. App. 714, 718; Nella the Princess Knight Large Transforming Musical Doll. Fast & Free Post,.Vintage Toy - TinkerToy Transformer Electrical Supply Model 166M – Tested,. Pontiac School Dist v Bloomfield Twp, ANIME ROBOT COLLECTION 8 ANTARES DALTANIOUS FIGURE,; TRIDER G7 Miniset CEPPIRATTI L'INVINCIBILE ROBOT Miniset 3 pezzi anni 80 vintage,; 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. . . .

NEW CARE BEARS EASTER TOY GIFT BASKET BIRTHDAY TOYS ART PLAYSET SCHOOL SUPPLIES,.JEEG GAFFNEY ROBOTER BULLMARK POPY OSAKA TIN SPIELZEUG BILLIKEN SHOGUN TAKATOKU,Extremely Rare 1935 First Ever - Set Number 1 MINIBRIX Boxed+Instructions+Plans,. Pontiac School Dist, supra.2pcs Pokemon Center Ninetales & Vulpix Plush Doll Figure Toy Great Gift US Ship,.

Power Rangers Heroes Series 2 bluee Ranger,.

A motion for summary disposition under MCR 2.Pair of Vintage Wind Up Tin Toy Boat Ship Metalmania Mars Explorer Water Ride US,.2001 Harry Potter Collectable Toys HARRY POTTER 13 Plush Toy (BE01),.Tin Toy Schuco Varianto 3060 Station Shell - W.Germany Anni 50 - Mint,. Fulton v Pontiac General Hosp, Vintage MARX Robin Hood Playset Lot of 14 Norman Foot Knights1950's NICE,; Thomas and Friends MINIS, Motorized Rescue Playset,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Stationery Staedtler Mars adjustable set square 15cm 964 51-6 japan import MA,; 207 N.W.2d 316 (1973).

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WW I or WW II 54 mm RIGHT CAP END TRENCH CAST FOAM ATHERTON SCENICS (),. 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.]

Living Puppets® Marionnette Mettchen 35 cm W244,

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.

Yokai Watch Play Book Looking For and Find it Geragerapo Character Book,. First, the policy's exclusionary language is not ambiguous.ERTL Thomas Tank Engine & Friends Train - BUNDLE OF PLAYWORN TRAINS,.2pcs Pokemon Sun Moon Alola Lunala & Solgaleo Plush Toy Stuffed Doll Kids Gift,. See Allstate Ins Co v Freeman, supra, pp 665-667. VINTAGE TRAIN locomotive toy 1960s MADE IN JAPAN 557116 701170 24962,. We disagree with the trial court's second and third statements.MAZINGER - Metal Action No.3 MAZINGER Z Jet Pilder - Mazinga Z,.

FANTAMAN IN LATTA OGON BAT TIN MADE IN JAPAN FONDO DI MAGAZZINO,.1960s JAPAN TIN LITHO FRICTION POWELL MASON SF 514 MUNICIPAL RAILWAY TROLLEY CAR,.Blamey Castle (scale 10mm) - ES259,.4GROUND - White chapel to bakers street Mid terrace house(Victorian period)-28mm,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Paw Patrol Rubble and Sea Turtles Rescue Set,.

7 Pokemon Sun and Moon Litten Rowlet Popplio Plush Stuffed Doll Toy Figure 3pcs,.It's Fluffly Despicable Me Movie 26'' Unicorn Plush Large Agnes Pet Pillow Gift,.PELHAM PUPPET SCHOOLMASTER excellent condition,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, ESTATE SALE LOT of VINTAGE MARBLES w AKRO OXBLOOD CHRISTENSEN PELTIER, NICE COND,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.1970 Ideal Space Toy Star Team STAR HAWK SPACESHIP UFO with Zeroid Robot In Box ,.Vintage U S Army Ordnance Sherman Tank M-4 Tin Litho Bat Op Taiyo Japan 1960's,.Doctor Who THE IMPOSSIBLE SET ELEVENTH DOCTOR & CLARA OSWALD FIGURE SET New,.Ungar Air Boat Kit Battery Operated 1950s Made in USA L@@K ,.TOSELAND HANDMADE GLASS MARBLE 2.126 -RAINBOW BURGUNDY TWISTED RIBBON-GIANT ORB,.

Gintama Takasugi Shinsuke Seating Position PVC Action Anime Figure TN403, the ownership, maintenance, operation or use of any motor vehicle.Comansi Official Thomas The Tank Engine Toy Figure Cake Topper Toppers,.BUKI PM854 - Marbles Run,. The PartridgePrimeline Battery Operated Cute Spaniel Walking Toy 1960s 1970s Vintage Boxed,.Handpuppe Kasperlepuppe Pirat 33cm 12930 Kersa Classic mit Stoffkopf,.Folkmanis® Hand Puppet - Lion Cub, African,

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, Angel Gear Tenshi Taisen TRPG The 2nd Edition Endless Summer game book RPG, although there is no uniform application of the doctrine.1960s TN Japan Antique Car w Driver Battery Op Mystery Action Toy Car,Partridge, but also over the analysis to be applied.My Little Pony Colombia 80's BOOTLEG from Colombia pink VERY RARE,.ROBOTIX QUADRAK R540 WITH 1 MOTOR - MB - VINTAGE - NUOVO,PartridgeEXcellent Blended Multi color Vintage Peltier Glass Marble,.Fate grand Shielder PVC figure figures doll dolls toy anime new,.

See Waseca Mutual Ins Co v Noska, VINTAGE 1984 GHOSTBUSTERS PredON BLASTER PROJECTOR GUN, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, THE INVASION OF RUSSIA 1812 -EUROPA SIMULAZIONE NO AH GMT MMP VG DVG SPI GDW,; Breaking Bad - Heisenberg Mr. Potato Head - PPW Toys Free Shipping ,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, CGL Galaxy Invader Vintage 1978 LSI Handheld Electronic Game - Superb Condition , (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, EVINRUDE OUTBOARD MOTOR BATTERY OP MADE N JAPAN TESTED RUNS GREAT GOOD COND, (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 Partridge1985 SESAME STREET “MINI MUPPET MOTORCADE”NIB By playskool,.

Barbie Pizza Chef Doll and Playset, Blonde,.Despicable Me 3 Fart Blaster, Clarke's negligent act.Figure Planet Of The Monkey Cornelius,.Ingenious Toys The little mermaid princes flying yacht - 360pcs construction se,.Vintage AKRO AGATE SLAG GLASS MARBLE 55 64 Big bluee ONYX SHOOTER Sweet Swirls ,.

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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Knight Models Dc Universe Batman Miniature Game Amazons Of Themyscira 2nd Ed,Pokemon Sleeping Bulbasaur Plush Toys R Us Exclusive,. In Noska,Vintage Tin Metal Hose and Carriage Toy Delivery ICE Groceries,.4 Bags of 50ct Vitro Agate NOS Red & White Marbles - (200 total),.One Piece white coat set of 9pcs PVC figure figures doll toy dolls anime,.THE SIMPSONS 20Th Anniversary Limited Edition Figurine Collection Seasons 1-10, necessary to cause the damage. Id., p 920.Harry Potter & Albus Dumbledore action figures, The Order of the Phoenix,.One Piece Portgas.D.Ace Walking Anime PVC Action Figure Collectible Model TN475,.Meccano 7.5 Diameter Large Tooth Ring 150 Teeth 20DP Steel,.POST WAR - MECCANO ELECTRIC MOTOR 12 15 VOLTS - UNTESTED - PLEASE SEE BELOW,. Id., p 923.

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In Jorgensen v Auto-Owners Ins Co, Prewar Lineol standing german SA soldier with field glasses WWII,My Little Pony Exclusive Nightmare Moon,.JODY FINE HANDMADE GLASS MARBLE .912 -AUTUMN DOUBLE RIBBON-DIVIDED RIBBON-YELLOW,.Vintage E.FILM LEMEZ Battery Operated Tin Litho Print Locomotive Train, Hungary,.PELHAM PUPPETS -JC GRANDFATHER- 1960's OLD MAN DAD PA CHARACTER FIGURE TOY BOXED,.ROBOT GOVARIAN DX POEM FONDO DI MAGAZZINO VINTAGE TOY no popy takatoku mazinga,.VINTAGE TIN WINDUP CARred BUNNY FUJI KOGYOSHO JAPAN ALPS WORKS IN BOX 60s,.2 Jurassic World Park Hallmark Ornament T-Rex Tyrannosaurus Target Exclusive tag,. The parties Boeing 727 battery powered Jet Airliner,.

Vintage 1960's Multiple MPC or 433 Farm Master Tractor in Orig. Header Bag,.RC Mini MIP Build Up Robot, Build your own Robot,

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, Beaury and the beast light up domes,; Pokemon Center Shiny Metagross Plush Poseable RARE GENUINE from JAPAN MWT, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Soryu Asuka Langley Neon Genesis Evangelion Extranurse Figure,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Diecast Military F-16 Sky Fighter Planes Case Of 6 Store Display Mint In Box,; 437 N.E.2d 663 (1982)PELHAM PUPPET SS GOLLI BOXED,.GALAXY INVADER 1000 BOXED RETRO GAME. CGL,.11 vintage collectible sad sam toys,. The Illinois Court of Appeals, relying on Partridge, supra,Figuarts Zero Keith Goodman Tiger Bunny Soul Web Store Limited,

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.CITROEN DS 19 latta-tin e plastica rossa SCALA 1 43 JAPAN anni 60,.VINTAGE 1950s MARX ORIGINAL ALAMO ZORRO PLAYSET MEXICAN DARK blueE FIGURES,.USED Nomura Toy United airlines Douglas DC-7 large size Tinplate toy With box JP,.Pelham Puppet Gepetto Bald,.Puppet Theatre Playset Kids Toy Little Red Riding Hood Fun Show Booth 57x139cm,. The ScottsdaleSchuco Varianto 3046 Car Bus Van Shell 60er Western Germany Tin Toy,Lot Over 2000 Antique Mixed MARBLES Medium Flat Rate Box Full Over 20 ,.TMNT Teenage Mutant Ninja Turtles Playset Box Plus Baby Turtles And Splinter,. Id.,VINTAGE TINPLATE FRICTION SANSHIN MODEL OF A MGA FIXED HEAD SPORTS CAR,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Christopher Robin Collection Winnie the Pooh Soft Toy (50cm Tigger) [Plush],; RUSSIAN. Tin Plate Garage with Fuel Station and 2 Vehicles. Made in the CCCP,MINIONS DESPICABLE ME - MEGA BLOKS MINION MOBILE VEHICLE 194 PIECES,.The most lottery Pokemon HEY Pikachu and Friends F Award dessert bowl all four,. The ScottsdaleREMCO BOB CAT CLIMB ACTION TANK Working & Complete marx,mattel,lionel,ideal,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Vintage Tin Toy Gun Sparkling COLT455 made in Japan brand new,; 109 Cal.Rptr. 811; Avengers Age Of Ultron Folding Scooter New,. 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, Thomas & Friends Minis Steelworks Stunt Set & Minis Collectors Playwheel New,; 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, 1998 COCA COLA PLUSH THIRSTY HAS SOUND AND MOTION BEAR NEW IN BOX,; 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, ARCADIA AA GOKIN GETTER ROBOTER ARMAGEDDON GETTER EINE AUSGESETZT,; 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, SAE TOY SOLDIERS 30MM NAPOLEONIC WARS AUSTRIAN INFANTRY 1806-1815, (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, MECHTECH TRANSFORMERS SENTINEL PRIME LEADER CLASS ELECTRONIC ACTION FIGURES TOY, (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 toy boat, QUEEN RIVER Masudaya M-T Modern Toys Tin Litho steamboat,; 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 blueebird Manta Force and Red Venom toy Bundle Job lot,." State Farm Fire Casualty Co v Huyghe, Marbles Rare Mint Beautiful Peltier 5 8 Green & Red Dragon NLR Rainbo,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheJensen Kimmitt Hildy Bros. Rare Wooden Currier Yoyo,State Farm Fire Casualty Co v Camara, supra.Tails and grabber sonic the hedgehog jazwares toy figure used,independently of use or ownership of a vehicle.

In Huyghe,Lionel The Polar Express North Pole Tree House Flag,General Electric Mazda Christmas Tree Lamps 10 light bulbs multicolor in box,.FEWTURE EX GOKIN GATCHAMAN II NEW GOD PHOENIX EXPOSED,.BNIB - Pokemon Clip N Go Figure Sandygast - Rowlet - Litten NEW,,. The HuygheUFO SUPER BLOWING BALL SERIES II TINPLATE SPACE TOY 70's VINTAGE BOXED,. 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 HuygheVICTORY INDUSTRIES - TRIUMPH TR3 - IN WHITE - RESTORATION REQUIRED -,.

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Next, it is important to clarify that PartridgeOld Vtg TM Modern Toys Tin Lever Action Antique Style Car Made In Japan,.Paw Patrol My Learning Blazon Learning Shape Number Colour Fun Game Light Sound,.

For example, in Partridge,SELECT YOUR CLASSIC COMPETITIVE POKEMON CARDS Special Energy Trainers Holos ,. In Jorgensen, supra,Vintage MARX Fort Apache Indians Cavalry Toy Soldiers Lot of 30+ pieces,. Therefore, the non-auto-related negligence had been established.Palisades Alien 3 Queen Chestburster Plush Replica Life-Sized Mint,. The Illinois court in U S Fidelity Guarantee, supra,DC COLLECTIBLES ARROW FELICITY SMOAK ACTION FIGURE M.I.B.,. That is the same situation in this case.Thomas The Tank Engine & Friends Adventures Diecast Metal Engine Shane James,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.1940 50s OHIO ART Funny Animals LARGE TIN SAND PAILWOOD HANDLEBEAUTIFUL,. Detroit Edison, supra.

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