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 Bulma glitter and glamgoldus figure new in box ufo catcher japan,.1000Toys TOA HEAVY INDUSTRIES Anti CaRB Squad Synthetic Human Capture Diversion,.Max Factory Fate Grand Order Saber Altria Pendragon Lily figma Action Figure,.LAST EXILE - 1 72 Last Exile Tatiana's Vanship & Fam's Vespa Model Kit Hasegawa,.
The essential facts are not in dispute.Hatsune Miku Project DIVA - X HD SPM figures From Jap From japan,.Medicos SAS JoJo's Bizarre Adventure Part.4 The Hand Second Action Figure,. At approximately midnight, Clarke drove home in his automobile.Friday the 13th - Jason Dream Sequence Action Figure - NECA Free Shipping ,.Good Smile Magical Girl Lyrical Nanoha The Movie 1st Actsta Fate Testarossa 1 8,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Dragonball Z Super Saiyan God Super Saiyan Son Goku Model Kit 18 cm Action-Figur,.Happy Lottery B Award Nendgoldid Hatsune Miku FamilyMart limited Good Smile Compa,.Re Zero Summer Beach Figure REM Swim Suit LPM SEGA G26-048, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
KINNIKUMAN JESSIE MAYBIA Romando PVC Action Figure JAPAN ANIME M.U.S.C.L.E.,.New SAO Asuna Yuuki Vignette Figure Classic ver Furyu PVC Figure,.NEON GENESIS EVANGELION EVA 01 REVOLTECH ADAMS EVA FIGURA 18CM IN BOX,.Kurogane no Linebarrel Emi Kizaki Figure 1 8 Kotobukiya,.
Sega Hatsune Miku Project DIVA F 2nd Hatsune Miku Christmas SPM Super Premium F,.MANGA GIRLS KAZUMI - Figurine ATTAKUS - 144 350 ex,.Nendgoldid Ninja Batman Hurley Quinn Sengoku Edition Non Scale ABS & PVC Made,.Figurine Lily from anim.o.v.e Bondage ver. ( Jamma ),.FIGURINE STAR WARS STORMTROOPER 45 cm,.
Conan O'Brien - Conan O'Brien in Lederhosen Pop Vinyl - FunKo Free Shipping ,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.New figma 222 Akagi Kantai Collection Japan Import,.Kotobukiya To Heart 2 Another Days Konomi Yuzuhara Ani-Statue,.Dragonball Z D.O.D. Super Saiyan Goku PVC Statue 21 cm MEGAHOUSE,Authentic Good Smile FigFix 001 ‘Shimakaze’ Half-Damaged Version - Free Post,.Shfiguarts Nazca Dopant Kamen Rider W Soul Web Store Limited,.
Dragon ball Z Menko Set Goku Vegeta Goten Piccolo Gohan Rare,.Nendgoldid 719 Haikyu KOTARO BOKUTO Action Figure orange red NEW Japan F S,.Naruto Shippuuden Hatake Kakashi Anbu ver. Dark PVC Figura cosplay con la caja,.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.
DC Collectibles DC Comics Designer Action Figure Series 1 Catwoman by Jae Lee A,.
Nuovo Revoltech Muv-Luv Alternativa No.011 Su-37ub Terminator Scarlatto Gemelli,. We agree in part.
S.H. FIGUARTS - DRAGON BALL Z - VEGETTO BRAND NEW - ORIGINAL RELEASE - USA,.No Game No Life Hatsuse Izuna Action Figure Swimsuit PVC Toy Model,.
A motion for summary disposition pursuant to MCR 2.SUPER SONICO SSS CONCEPT FIGURE HAPPY EASTER FURYU G29-246,.Bastard Action Figure Kotobukiya - Dark Schneider (D. S. Jugulator Ver.),.Robot Spirits Gundam Barbatos Iron-Blooded Orphans SIDE MS R196 Action Figure,." Hazel Park v Potter, 169 Mich. App. 714, 718; DRAGONBALL SUPER WCF World Collectable Figure MOVIE BROLY vol.2 SS BROLY SET 2,.Destiny - Amanda Holiday Pop Vinyl - FunKo Free Shipping ,. Pontiac School Dist v Bloomfield Twp, Dragon Ball World Collectable Figure WCF - Majin Buu Boo Bou Neuf,; Gutto Kuru Figure Collection 28 Nogizaka Haruka,; 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. . . .
ANGEL BEATS - KANADE FIGURE HANDSONIC VERSION - ASCII MEDIA WORKS 2010 - NEW BOX,.Nendgoldid Girlfriend (Tentative) Shinina Minoru Minor Scale ABS & ATBC-PVC Paint,Master Stars Piece Chocolate Son Goku Vegeta PVC Action Figures Manga,. Pontiac School Dist, supra.Academy Moomin Collection 15756 Relaxing Afternoon Fishing House,.
Mass of super-alloy Mobile Suit Gundam GM-01 Gundam about 60 70mm,.
A motion for summary disposition under MCR 2.Dragonball Super figurine Ultimate Soldiers Super Saiyan God Super Saiyan Son Go,.Max Factory Kamen Rider Dragon Knight figma Kamen Rider Incisor Action Figure,.Ushio Ayanami Class No.10 KanColle Preparation Version Taito Action Figure,. Fulton v Pontiac General Hosp, Good Smile Company Nendgoldid 752 Kemono Friends Serval Figure NEW Japan new .,; Legacy of Revoltech LR-028 Fist of the North Star Yuria Figure Kaiyodo,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Kaiyodo Neon Genesis Evangelion Repaint Metallic bluee Eva 00 Predotype LIMITED,; 207 N.W.2d 316 (1973).
RARE FIGURINE VINTAGE 80'S SHERA SHE-RA PRINCESS - MERMISTA SIRENA MATTEL(16x6cm,. 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.
Kaiyodo Heartful Memories Little Witch Parfait 2 Parfait Figure 1 7 Scale 205mm,
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.]
Peluche DEATH NOTE Ryûk 37cm,
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.
Good Smile Company Zoids Genesis Kotona Elegance Nendgoldid Action Figure,. First, the policy's exclusionary language is not ambiguous.MAGE KNIGHT ULTIMATE EDITION in italiano comprende espansioni Krang Legione Perd,.Action figure BATMAN MR.FREEZE KENNER MISTER FREDDO,. See Allstate Ins Co v Freeman, supra, pp 665-667.HAPPY WELL ANICAROBOT 3 IN 1 TRANSFORMERS HUMMER HX 1 24 YELLOW,. We disagree with the trial court's second and third statements.SWORD ART ONLINE SET ASUNA & YUI 20 CM- ANIME FIGURES SAO IN BOX,.
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Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Dragon Ball Heroes P Son Goku Gdsg-01 Clash Of Destiny,.
FREEing - Re ZERO - Rem Swimsuit Ver. 1 12 Pre-painted Assembly Japan PVC Figure,.DRAGON BALL FIGURA DRAGON SHENRON FIGURE BOLA DE DRAGON, 7 bolas de Dragon,.Robot Spirits TRI SIDE SK Earl Camber about 130mm figure Japan,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Figurine Hatsune Miku Dark Angel Version par SEGA - Vocaloïd,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Nendgoldid 814 NEW GAME Hifumi Takimoto Figure NEW from Japan,.Dragon Ball Z Resolution of Soldiers Volume 4 Super Saiyan 2 Son Gohan Figure,.Dragon Ball Z The Movie World Collectible Figure vol.1 DB play 002,.NEW figma 117 Toaru Majutsu no Index II Index Figure F S,.Dragon Ball - Legend of Manga - Hachette lot de 12 figurines,.
Figure figura anime manga - Misaka Mikoto costume - Aru Majutsu SEGA ORIGINAL, the ownership, maintenance, operation or use of any motor vehicle.SHINING HEARTS - Amil Swim Wear Ver. 1 7 Pvc Figure Kotobukiya,.MegaHouse Naruto Shippuuden - Kakashi and Naruto Chess Piece Collection,. The PartridgeDRAGON QUEST PELUCHE RARE SLIME 45 CM,.Kaiyodo Soft Vinyl Toy Box Hi-LINE 006 UFO Robot Grendizer Figure,.Trap With Ranger - Schleich Free Shipping ,
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, Good Smile Snow Miku . Fluffy Coat Ver Nendgoldid Action Figure F S AB, although there is no uniform application of the doctrine.Nendgoldid Co-De The Idol Master Platinum Stars Miki Hoshii Twinkle Star Figure,Partridge, but also over the analysis to be applied.One piece Usopp Action Figure PVC New Collection figures toys brinquedos 18cm,.Sentinel 35 Mechatro WeGo Red 1 35 Action Figure,PartridgeFigure Felicia bunny Ver. 1 7 scale painted sexy girl collection figures gift d,.My Hero Academia Enter The Hero Shoto Todgoldki Figure Statue Pre Order,.
See Waseca Mutual Ins Co v Noska, TASHIGI ONE PIECE P.O.P. PORTRAITS OF PIRATES MEGAHOUSE NEW RARE, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Figma 010 Ikkitousen Great Guardians Unchou Kanu Figure Japan new .,; Dragon Ball Gt - Aumento de Figura Estándar Son Goku Super Saiyan 4 Modelo Kit,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Hatsune Miku umbrella Q version Anime Collectible Action Figure PVC toys for, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Sword Art Online Movie Ordinal Scale Sinon Figure Furyu Prize Japan New F S, (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 PartridgeMabell Lechery Rei Homare Artworks AKANE INDO 1 5 PVC Figure,.
Figma 154 Accel World Kuroyukihime School Avatar ver. Figure Max Factory,.PETIT- CHARA SAILOR MOON SET 7 FIGURES 6 CM DARK KINGDOM 25TH ANNIVERSARY BOX, Clarke's negligent act.Max Factory The Melancholy of Haruhi Suzumiya Mikuru Asahina Figma Action Figur,.Figure Oh Hot Toys Figure Magazine Fate stay night,.Wave FORTUNE ARTERIAL Yuuki Kanade (1 8 scale pre-painted PVC Finished),.
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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, NEW figma 027 Seto no Hanayome San Seto Figure Max Factory from Japan F S,Good Smile Puella Magi Madoka Magica The Rebellion Story Nagisa Momoe Fig,. In Noska,Touken Ranbu Daisuke Riura Care Manual Sconce Hikaru Odaishi Rikara Cubicboy,.Nendgoldid Death Note, L Reindeer Christmas Collectable, Unopened,.Stardust Crusaders Kakyouin Statue Legend 1 8 Scale Figure,.YUSHA GAOGAIGAR UTSUGI MIKOTO PILOT FIGURE SEXY GIRL SUNRISE HEROINE YUJIN L.E., necessary to cause the damage. Id., p 920.ONE PIECE FIGURA MONKEY D. LUFFY 24 CM- NIGHTMARE ANIME FIGURE IN BOX,.The Idolmaster Cinderella Girls Mio Honda Nendgoldid Action Figure Japan Import,.Mobile Armor Hashmal GUNPLA HG High Grade 1 144 Gundam Iron-Blooded Orphans,.DRAGON BALL KAI FIGURA BROLY 26 CM- ANIME FIGURE SUPER SAIYAN 10 IN BOX,. Id., p 923.
4 LEAVES - TONY'S HEROINE COLLECTION - DENNOU YOUSEI (CYBER FAIRY) FIGURE 28cm,.
In Jorgensen v Auto-Owners Ins Co, Strike Witches DX Figure - SEGA - Charlotte E. Yeager,Puella Magi MADOKA Magical - MADOKA Good Smile - Nendgoldid Petit Figure 6cm,.S.H.Figuarts - Kamen Rider Kuuga Rising Mighty Form,.Robot Spirits - Crossbone Gundam X1 Reform & Reform Option parts set,.Super Dragon Ball Heroes DXF 7th ANNIVERSARY 1st Son GOKU Xeno 7inch Figure 2017,.Figma KonoSuba 2 Aqua Max Factory Japan New,.NEW Nendgoldid Plus Rubber Strap East Project Chapter V Youmu Youmu Ver.2 F S,.MY HERO ACADEMIA FIGURA IZUKU MIDORIYA 15 CM- BATTLE VER IN BOX,. The parties ANIME AH MY GODDESS URD 6.5 IN FIGURE,.
Shfiguarts Cure Marine Super Silhouette Heart Catch Pretty Soul Web Store,.HG MAZINGER Z INFINITY VER 1 144,
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 561 Strike Witches 2 Eila Ilmatar Juutilai Figure Phat NEW from Japan,; Kaiba metapen MP-665 Martroi 145 mm Japan F S, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
Kaiyodo Revoltech Fraulein Series 004 Sweet Dreams Pocco,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, STREET FIGHTER IV FIGURA RYU 22 CM- ACTION FIGURE PLAY ARTS IN BOX 9 ,; 437 N.E.2d 663 (1982)Ghost in the Shell Vol. 1, NM,.Botan 7 Action Figure Yu Yu Hakusho Series 1 Ghost Files Vinyl Doll 2002 Anime,.Penguin girls are Nendgoldid Antarctica Sakura,. The Illinois Court of Appeals, relying on Partridge, supra,Figure MISS DRONIO NORMAL DRESS SYSTEM SERVICE YATTERMAN YATTAMAN DgoldNJO 2008,
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.TUER LE tuer - Mako Nendgoldid Mankanshoku Figurine Good Smile Company,.Naruto Shippuden Jiraiya & Gama Bunta PVC Figure Toy Gift Collection,.NBA - Karl-Anthony Towns Pop Vinyl - FunKo Free Shipping ,.Max Factory - Sekirara Izumi Shizuno School Uniform Ver Figma Action Figure,.Nendgoldid 491 Kantai Collection -KanColle- Kirishima Figure From japan,. The ScottsdaleNECA 1 12 PESADILLA EN ELM STREET DIORAMA FREDDY – 23 CM,UDF MOOMIN Series 3 Snufkin and Little My non-scale PVC Painted,.Olive & Benji 3D Collection Ted Carter Statuette Figurine,. Id.,Separately (the day of Sagittarius) melancholy of Haruhi Suzumiya Petit 03 Har,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Max Factory Arpeggio of bluee Steel Ars Nova Iona Figma Action Figure,; NEW figma 201 Hidamari Sketch x Honeycomb Sae Figure Max Factory F S,Fist of the North Star 199X violence action figure Kenshiro limited edition,.Lot figurines-BIKER MICE-1993-1995-Galoob-14 cm-articulées-Space Vinnie -MFD BTF,. The ScottsdaleTo Heart 2 Kouno Harumi 1 8 PVC Figure,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Jojo Bizarre Adventure golden Wind Mafiarte 6 Guido Mista Figure Normal color,; 109 Cal.Rptr. 811; FUNKO POP - Bisounours Care Bears Pop Funshine Bear SOLEIL yellow CHASE,. 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, Figma The Melancholy of Haruhi Suzumiya Yuki Nagato Uniform ver.,; 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, Hasegawa 1 700 US Navy Battleship South Dakota Super Detail Plastic Model 30048,; 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, Fist of the North Star Revoltech Falco REVOLUTION Series No. 015,; 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, FATE EXTELLA- FIGURA JEANNE d'ARC 13 CM- SWUIMSUIT VER. IN BOX, (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, Mobip 1 Little Busters Komari Kamikita PVC Figure Figma S.H. Figuarts Revoltech, (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, Megahouse Variable Action Heroes Zatch Bell Victoream 150mm Action Figure,; 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 PartridgeSexy Alphamax Skytube Tonys T2 Art Girls Aoi Tenjiku Anime Action Figure PVC bri,." State Farm Fire Casualty Co v Huyghe, TATSU NOKO TATSUNOKO PRODUCTION ACTION FIGURE COLLECTION VERSION 2 ANIME MOC,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheMCFARLANE FEAR THE WALKING DEAD COLOR TOPS MADISON,State Farm Fire Casualty Co v Camara, supra.Daiki Kougyu Haruhi Suzumiya Bunny Version Suzumiya Haruhi no Yuutsu PVC Figure,independently of use or ownership of a vehicle.
In Huyghe,DRAGON QUEST PELUCHE PLUSH RARE PROMO SLIME 40CM ENVIRON,I have few friends Nendgoldid crescent moon night sky (nonscale ABS & PVC painted,.WARHAMMER 40K CATACHANO 4 BLISTER MINIATURE,.STATUETTE TO ARU MAJUTSU NO INDEX II INDEX (H=17cm) TAITO Swimming Figure,. The HuygheMarvel Select Gambit Action Figure - Diamond Select Free Shipping ,. 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 HuygheGutterhead - The Fiendishly Filthy Drawing Game [Drinking & Party Game for,.
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For example, in Partridge,Dragon Ball Z Action Figures Shenron Dragonball Z Figures Set Esferas Del Dragon,. In Jorgensen, supra,Good Smile Puella Magi Madoka Magica Madoka Kaname Nendgoldid Maiko Ver. Figure,. Therefore, the non-auto-related negligence had been established.SET 3 MODELLINI ANIME FIGURE GASHAPON MANGA DEATH NOTE-LIGHT,NEAR,REM SHINIGAMI,. The Illinois court in U S Fidelity Guarantee, supra,DATE A LIVE II FIGURA TOKISAKI KURUMI 20 CM- ANIME FIGURE ESC. 1 7 BOX 7.8 ,. That is the same situation in this case.Waterloo, 999 games, tactisch bordspel, nieiw sealed,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.MEGAHOUSE Dimension Of Dragonball Young Son Goku Kid Goku (DBZ),. Detroit Edison, supra.
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