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 Stains on body 1 6 Evangelion Ayanami Rei Super Exellent Doll Murmit G25-032,.S.H.Figuarts SHF DR. Doctor Strange Marvel Avengers 3 Infinite War Action Figure,.Figma 147 Bakemonogatari Tsubasa Hanekawa Figure Max Factory Japan NEW F S nu,.FURYU SUPER SONICO CONCEPT UNICORN WHITE PEARL PVC FIGURE,.
The essential facts are not in dispute.Studio Ghibli My Neighbor Totgold Flowers of Trumpet Interior Accessory Box Japan,.Kaiyodo Takeya style freestyle disposable dragon coloring non-scale ABS & PVC pa,. At approximately midnight, Clarke drove home in his automobile.Shfiguarts Valgo Zodiarts Kamen Rider Fourze Soul Web Store Limited,.ONE PIECE WORLD COLLECTABLE RARE FIGURE Vol.13 TV110 Waporu JAPAN ,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.One Piece DPCF DOOR PAINTING COLLECTION 1 7 Monkey D Luffy Plex Japan NEW,.Figure ROBOT SPIRITS Side MS CROSSBONE GUNDAM X1 X1Kai OPTION PARTS SB,.DRAGONBALL SET PLASTIC 12 FIGURE SONGOKU POWER UP ULTRA RARE, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Funko Five Nights at Freddy's golden Freddy Action Figure Item,.Yoko Littner “Gurren Lagann” (Waitress Maid), Japanese anime action figure,.TENGA Robot ROBO Mega TENGA Beam Set Limited Action Figure NEW Japan,.1Pcs 24CM Fate saber Anime Action Figure Sexy Girl Model figures doll toy new,.
Good Smile Company Nendgoldid 821 Detective Conan Heiji Hattori Figure NEW,.Girls & Panzer Nendgoldid Akiyama Yukari (Non scale ABS & PVC painted movable,.1Pcs 15.5CM Fate FGO flag model Action Figure gift statue doll toy new,.Nendgoldid - OVERWATCH - GENJI Classic Skin Edition - Authentic GOOD SMILE - New,.FIGURINE STAR WARS STORMTROOPER 45 cm,.
Doko Demo Issyo Revoltech 48 Jun Figure Japan Doll Toy Japanese Hobby,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Sailor Moon Miracle Romance Pointing ball pen set RARE AND ORIGINAL 20th anivers,.Patlabor Ingram 2 .jp Limited Revoltech Figure Japan Doll Toy,.Cheatwell Games Keel Over Drinking Game,SWORD ART ONLINE - Asuna Ordinal Scale Ver. & Yui Nendgoldid Action Figure c,.Dragon Ball Super Dragon Stars Series Figure Dragonball (Series 1 , 2, 3),.
Figma se kirara snow snow uniform cover ver.,.Gaiking - Figurine vinyl 14cm Popy,.DRAGON BALL SON GOKOU FES - FIGURA GOKU SUPER SAIYAN 4 GOKU FIGURE 20cm,.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.
FATE STAY NIGHT FIGURE SAKURA MATOU 16 CM-ANIME FIGURE DREAMTECH VER 6 BOX,.
Julia Giulia Armor Sega Hokuto no Ken Box,. We agree in part.
orange red Nendgoldid 945a Ryunosuke Tanaka (Haikyu ) Figure,.Tamashii Stage M From japan,.
A motion for summary disposition pursuant to MCR 2.Paul Le Pecheur Vol 1 Aoshima - Vintage Trés Rare Club Dgoldthée Japan Animé 70'S,.Figma 115 Puella Magi Madoka Magica Homura Akemi Figure Factory Max,.Ni No Kuni 2 Revenant Kingdom - Roland With Higgledy Pop Vinyl - FunKo Free Sh,." Hazel Park v Potter, 169 Mich. App. 714, 718; Zoolander - Hansel Pop Vinyl - FunKo Free Shipping ,.Aladdin - Genie With Carpet 5-Star Vinyl Figure - FunKo Free Shipping ,. Pontiac School Dist v Bloomfield Twp, Inspecteur Gadget - Affiche promotionnelle Jouéclub 1983,; Lot de 6 figurines Mighty Morphin Power Rangers, Sentai, Bioman,; 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. . . .
Yotsubato Danboard Mini Calbee Kappaebisen version Revoltech Figure Japan Doll,.Figurine DBGT Dragon Ball Z DBZ GT Sangoku super saiyan 3 Dragonball 14 cm,FIGMA PLUS - Classroom Set Diorama Display Figure Max Factory,. Pontiac School Dist, supra.Fate Stay Night Altria Pendragon Water Gun Swimwear Doll Model Halloween Gift,.
Figma Plawres Sanshiro Juohmaru Original Edition JPWA JAPAN F S J6232,.
A motion for summary disposition under MCR 2.Nendgoldid More Face parts case panda,.Super Mario Bowser (King Koopa) Ultra Big Action Figure TAITO,.Akira A Blood Of 10 1 Pre-Painted Pvc Figure Animate Limited,. Fulton v Pontiac General Hosp, Hot 16CM Naruto SHF Jiraiya Anime Action Figure statue In PVC toys new,; EROMANGA SENSEI - FIGURA IZUMI SAGIRI SAGIRI IZUMI FIGURE 16cm,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Nendgoldid Petit Tales of Series 2. Jude Matisse (single item),; 207 N.W.2d 316 (1973).
MiniArt - 35046 1 35 German Feldgenda From 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.
ROBOT soul [SIDE MS] Turn A Gundam Nano Skin Finish Ver.,
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.]
Mikumo ginnue Beste Lottery Figure Shoube goddess,
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.
Dimension of DRAGONBALL Over Drive Dragon Ball Super Saiyan 4 Action Figure,. First, the policy's exclusionary language is not ambiguous.S.H.Figuarts Milky pink limited edition SH Figuarts,.Nendgoldid Yuki Miku Fun Snow Play Edition Character Vocal Series 01 Hatsune,. See Allstate Ins Co v Freeman, supra, pp 665-667.Revoltech Evangelion Mass Production Type 1997 Movie Ver Series 026 by Kaiyodo,. We disagree with the trial court's second and third statements.Lottery one piece swordsman hen F award card stand figure Brook Yosaku lottery,.
Super Saiyan Gotenks Dragon Ball Super S.H Figuarts Figura 13 cm,.NA Good Smile Your Name Mitsuha Miyamizu Nendgoldid Action Figure NA,.PLAYSET BAMBOLA DOLL POUPEE MUNECA MANGA ANIME TOKYO MEW MEW-STRAWBERRY SET CAFE,.Kotobukiya PHANTASY STAR ONLINE bluee Burst RAcaseal Erunoa 1 12 scale kit KP149,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.NO GAME NO LIFE SET 3 FIGURES SHIRO 9 CM- WITH BOX 3.5 ,.
Shining Ark - Panis Angelicus 1 8 PVC Figurine Kotobukiya,.Deadpool - Deadpool Finders Keypers Statue - Elephant Gun Free Shipping ,.New Anna and The Snow Queen Elsa style dress 130cm,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Nendgoldid Petit Toho Project Set Chapter 1 Reimu Hakurei Reimu, Suika Ibuki,,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Super Action Statue SAS JoJo's Bizarre Adventure Part 3 Muhammad Abdul figure,.X Wing x-wing Revoltech figure complex star wars about 150 mm,.Dragon Ball Super 35574 Grandista Resolution Soldiers Son Goku Figure,.Good Smile Company Nendgoldid 861 Re ZERO Beatrice Figure Japan,.Artfx + avengers marvel artfx more now thor 1 10 Scale Figure kotobukiya Japan,.
NARUTO SHIPPUDEN FIGURE SAKURA HARUNO 25 CM-ANIME FIGURE D.P.C.F. VER 10 BOX, the ownership, maintenance, operation or use of any motor vehicle.Nendgoldid Kantai Collection -KanColle- Zuikaku Figure Japan Import Toy Hobby,.HATSUNE MIKU SEPTIMO DRAGON 24 CM-HATSUNE 7TH DRAGON TYPE 2020 ESC.1 7 BOX 9.5 ,. The PartridgeGodzilla vs Evangelion SEGA Premium Figure - Asuka Langley,.Tamashii Nations Robot Spirits RGM-79D GM Cold Districts Type Ver. A.N.I.M.E. M,.ROBOT soul Mobile Suit Gundam [SIDE MS] RX-78-2 Gundam ver. A.N.I.M.E. ... Japan,
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, S. H. Figuarts Macross Delta Frey Vion About 135 mm PVC & ABS painted movable fi, although there is no uniform application of the doctrine.SEGA Prize Jurassic World Kingdom of Flames Mosasaurus Premium Figure 26cm JPN,Partridge, but also over the analysis to be applied.15cm High School Dxd Rias Gremory Soft Breast Pvc Action Figure manga japan Sexy,.Nouveau Cu-Poche Sword Art en Ligne Asuna Figurine Kotobukiya F S,PartridgeKaiyodo Revoltech Fist of the North Star Rei Action Figure New MIMB,.New Good Smile Puella Magi Madoka Magica The Rebellion Story Nagisa Momoe,.
See Waseca Mutual Ins Co v Noska, Swing Lodi (Y) No.3552 (japan import), (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Dragon Ball Super Dragon Stars Series 3 Super Saiyan bluee Goku New Zamasu BAF,; Revoltech EVANGELION EVOLUTION temporary 5 Unit No.160 mm approx. EV-008,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, One Piece CREATOR Ã— CREATOR RgoldNOA.Zgold Rgoldnoa Zgold B, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Kb10 Quartett Charlotte Francia 1 10 Pvc Figure Kotobukiya From Japan, (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 PartridgeZoidsWild Zoids Wild - Gilraptor ZW02,.
CAPTAIN TSUBASA ALTAYA 0T060 JOHNNY MASSON FRANCE FIGURINE OLIVIER ATTON,.Penguin girls are Nendgoldid Antarctica Sakura, Clarke's negligent act.1815 BRITISH NAPOLEONIC SOLDIERS (A),.Super Rare Jojo Bizarre Adventure Line With Figure Key Holder Giorno Jovana,.Figma eX Ride Series 006 MINI BIKE in white by MAX FACTORY, New,.
Daydream Collection Vol. 6 Schoolgirl Eco-chan Nighty Statue by Yamato USA,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, HOWL'S MOVING CASTLE - Witch of the Waste Turnip & Sophie Figure Set Cominica,Nendgoldid More GIRLS und PANZER BT-42 Action Figure Good Smile Company NEW F S,. In Noska,Final Fantasy Dissidia No. 1 Cloud Strife Action Figure with original box,.Tokisaki Kurumi Nightmare High quality PVC Action,.DRAGONBALL GLITTER&GLAMOURS BULMA II B GLITTER GLAMOURS SEXY PRIZE FIGURE STATUE,.Virtual vocalist Lily from anim.o.v.e Nendgoldid Lily from anim.o.v.e (non-scale, necessary to cause the damage. Id., p 920.Nendgoldid Osomatsu Mr. Matsuno Chgold pine Figure Japan Import Toy Hobby,.Puella Magi Madoka Magica DX Figure Vol. 2 Homura Akemi Figure,.NXEDG STRIKE FREEDOM GUNDAM COLOR VER,.Nendgoldid 497 IS Infinite Stratos Charlotte Dunois Figure NEW from Japan,. Id., p 923.
Kaiyodo LR-007 Fist of the North Star Exploding ZEED Gang Figure 155mm F S NEW,.
In Jorgensen v Auto-Owners Ins Co, Sexy Alphamax Skytube Tonys T2 Art Girls Aoi Tenjiku Anime Action Figure PVC bri,(New)Figma 332 Nishizumi Maho & Itsumi Erika Set,.1 72 Stolhi Archeopterix Type Ez-068 Zoids,.SAMPEI SANPEI - PLASTIC MODEL KIT - NEW - CARLETTO men TIGRE YATTAMAN KEN FALCO,.Jurassic Park - John Hammond Pop Vinyl - FunKo Free Shipping ,.Mint Quantity 2 Prize My Hero Academia The Amazing Heroes Vol.3 Katsumi Bakugo,.DRAGON BALL - Super Estructura Collection DXF Figura Vol.5 Goku Super Saiyan,. FIST NORTH STAR XEBEC KAIYODO DELUXE Ken + raoh Bronze Action Figure ,. The parties Figma Cardcaptor Sakura Syaoran Li MAX Factory Japan new .,.
Gutterhead - The Fiendishly Filthy Drawing Game [Drinking Party Game for Adult,.GUYVER Ver. A - GUYVER the Bioboosted Armor Trading figure Max Factory NiB,
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, Nendgoldid Railway Musume Takano Miyuki Non Scale ABS & PVC Made Painted Movable,; Sayaka Miki Madoka Magica Cu-poche Kotobukiya Japan F S J8573, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
NEW figma 254 Knights of Sidonia Tsugumori Figure Max Factory F S,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, goldorak - Album de vignettes Le Retour de goldorak - A.G.E.,; 437 N.E.2d 663 (1982)USED figma 002 The Melancholy of Haruhi Suzumiya Haruhi SchoolUniform ver.Figure,.Figure Rise Standard Dragon Ball Piccolo Coded Modeled Plastic Model,.Kosubeibi GOEMON Chacha I want to be free set baby - figure toy anime Japan,. The Illinois Court of Appeals, relying on Partridge, supra,DC DIRECT DC CORE WONDER WOMAN STATUE STATUA,
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.Dog days - Ricotta Elmar nendgoldid Action-Figur Good Smile Company,.Naruto Hatake Kakashi Shade Statue Anime PVC Action Figure Jouet 21CM BOXED,.Nuovo Sh Figuarts Dragon Ball Z Super Saiyan Trunks e Ondeggiante PVC Statuetta,.NO GAME NO LIFE - Shiro Nendgoldid Action Figure Good Smile Company,.Hetalia Axis Powers one coin figure Japan Germany America England Russia,. The ScottsdaleONE PIECE FIGURA DOFLAMINGO 21 CM- DONQUIXOTE DOFLAMINGO DRESSpink VER. BOX,JoJo Bizarre Adventure Part 4 20. Kira Yoshikage medicos action figure,.Dragon Ball Z Super Stars Super Saiyan bluee Kaioken X 10 Goku. Mint. A+Seller,. Id.,1 72 20mm painted Napoleonic French artillery,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, VOCALOID - Len Nendgoldid kagamine Action-Figur Good Smile Company,; Dollybird Japanese Doll Collection Book,Max Factory Strike Witches Yoshika Miyafuji Figma Action Figure,.FATE STAY NIGHT SABER LILY 18 CM EXTRA SWIMSUIT VER 1 6 COMPLETE-WITH BOX 7 ,. The ScottsdaleGood Smile Hatsune Miku Nendgoldid Action Figure Absolute HMO Edition,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Nendgoldid 319b wooser's hand-to-mouth life Len & Darth wooser Light Ver. Figure,; 109 Cal.Rptr. 811; Nendgoldid Saber Miyamoto Musashi Fate Series Good Smile Company,. 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, À ARU MAJUTSU AUCUN INDEX Saten Ruiko 1 8 Figurine Alter,; 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, MY HERO ACADEMIA FIGURA IZUKU MIDORIYA 15 CM- BATTLE VER 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, Touken Ranbu - Yagen Toushirou Nendgoldid Action-Figur,; 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, ONE PIECE - Cindy D Ace Strong World P.O.p. Megahouse, (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, FATE STAY NIGHT - Rin Tohsaka Nendgoldid Action Figure Good Smile Company, (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, RX-93 Nu Gundam Metallic Ver. EXPO Limited 2014 GUNPLA SD Gundam BB Senshi,; 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 PartridgeMax Factory figma The Idol Master Cinderella Project ver. Girls Mio Honda Figure,." State Farm Fire Casualty Co v Huyghe, Figurine Figure Shuraki Trinity Mishiro Akatsuki Good Smile Company Used,NoBox,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheThe Sandlot - Squints Pop Vinyl - FunKo Free Shipping ,State Farm Fire Casualty Co v Camara, supra.Hatsune Miku Action Figures PVC brinquedos Collection Figures toys for 19cm,independently of use or ownership of a vehicle.
In Huyghe,1989 VEGETTO DRAGON BALL Z ACTION ANIME SUPER SIZE 16 WARRIOR SERIES FIGURE,Tamashii Nations Mobile Suit Gundam MS-05 Zaku I Ver. A.N.I.M.E. Does not apply,.Dragon Ball Z - Freezer SHF Action figure by Datong, 15 cm PVC, Bola de Dragon,.NEW Legacy of Revoltech LR-029 Evangelion Mark. 06 Figure KAIYODO F S,. The HuygheTSSD WW2 UNITED STATES GI'S,. 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 HuygheLOLBIT Funko Five Nights at Freddy's Sister Location Figure Walgreens Exclusive,.
23cm Anime Nanario Reincarnation Takigawa Kotori maid outfit PVC Sexy Girl,.Good Smile BBK BRNK Kogane Asabuki & Migite-Chan Nendgoldid Action Figure F S NEW,.
Figma Ooi Kantai Collection -KanColle- Authentic Good Smile Company USA,.Good Smile Kantai Collection Kancolle Kaga Nendgoldid Action Figure APR148191,. Nonetheless, on the facts of Muv-Luv Alternative - Shiranui - A3 Advanced System of Action Arms - 004 (Volks),.
Next, it is important to clarify that PartridgeNew In Box Max Factory Figma Vocaloid Hatsune Miku live stage Action Figure,.Leopard separately Lupine III GROOVY BABY SHOT ¤ figure Fujiko Fujiko Japan F S,.
For example, in Partridge,Good Smile Company Nendgoldid 807 Haikyu Morisuke Yaku Figure from Japan,. In Jorgensen, supra,ONE PIECE - EPISODE OF CHARACTERS 2 - SET 5 FIGURAS 5 FIGURES SET 6-10cm,. Therefore, the non-auto-related negligence had been established.Figma K-ON Kotobuki Tamaki Uniform ver.,. The Illinois court in U S Fidelity Guarantee, supra,Super Hero Hulk 3D LED Pokemon Pokeball Night Light Table Lamp Birthday Gift,. That is the same situation in this case.Nendgoldid Petit THE IDOLM @ STER Stage 01 Gothic Princess Ver. (Idol Master),. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.TASHIGI ONE PIECE P.O.P. PORTRAITS OF PIRATES MEGAHOUSE NEW RARE,. Detroit Edison, supra.
S.H.Figuarts Krillin the Early Years Dragon Ball Action Figures,.Queue Posh Idol Master Haruka Amami action figure Japan import,.Kotobukiya KWG-10M Sanjuro Medabots Plastic Model Kit,.
PSL Fate Grand Order Berserker Minamoto no Yorimitsu 1 7 Figure Bell From japan,.