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 Projector Painting Top Desk Kids 3in1 Super Colouring & Learning + Accessories,.Hasbro Marvel Spider-Man Spiderman – Super Sense,.Canal Toys So Magic-Large Terrarium Desert MSG 010,. CMR Chris Ryniak Unripe BUBBLEGUT Super Rare Art Toy Sculpture,.
The essential facts are not in dispute.Kidrobot Yummy World Large Dipped Marshmallow Plush,.Spin Master Purplex Rookie 3d Maze Game,. At approximately midnight, Clarke drove home in his automobile.DC Comics New 52 Superman RAH Action Figure,.Brand New High Quality Kids Batman Inline Scooter,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Fallout Bottle And Cappy Bendables [Poseable] PVC Vinyl Figures SET Bethesda,.KIDROBOT 8 INCH - COGNITION ENHANCER SUNDAY BEST DUNNY BY DOKTOR A - 1000 MADE,.So Slime DIY SSC 012 Tube, Multi Coloured, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Ukg 70 Afa Authenticated Star Trek Mego Aliens Cheron Toy,.Gemini Jets 1 400 Scale Delta Air Lines MD-90 N904DA GJDAL1798,.Cool Maker Kumi Kreator Friendship Bracelet Maker Craft KitFREE REFILL KIT,.Chebacca AT-ST Star Wars Bobble Funko POP 236 NEW Wookiee Wookie HARD TO FIND,.
Plum Discovery Create and Paint Outdoor Easel (3+ Years),.Locsters 6 Piece Collectible Figurine Set Hoppin Hydros Series 3 OG Abel 2003,.Herpa Wings Airbus A330-200 blue Brasil blue Viagens - 530927 - 1 500,.ACADEMY 1 72 KIT AEREO PLANE BOEING B-17C D FLYING FORTRESS ART 2150,.TOY BIZ MARVEL COMICS SPIDER-MAN ACTION FIGURE LOT W SINISTER SIX BOX SET & MORE,.
Herpa wings 1 500 529532 Turkish Airlines Airbus A321 Turkey, Discover Potential,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Teenage Mutant Ninja Turtles Green Shredder Triceraton Vinyl Figure Kidrobot Lot,.Vintage twisty puzzle Rubik's Type Tetraminx from Soviet Union 80s,.WALKURE ROMANZE BERTILLE 1 6 PVC FIG SWIMSUIT VER,ENYA VT240-4C CAMSHAFT ASSY NIP,.Yummyworld XL Arnold & the Puffs Cheese Puffs Plush,.
Glyos Psychozor Zullbeast Vinyl Figure,.Real Action Heroes No.777 RAH Fate Grand Order Saber Altria Pendragon Ver.1.5Ve,.Dumas Super Marine S.6B 24 404 660141004048,.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.
Boeing 707-358B El Al (Gemini Jets 1 400 3557409),.
New Ultraman GID Super Festival only 5 Exist Soft Vinyl Figure Rare Limited F S,. We agree in part.
GEMINI JETS 1 400 Boeing B757-200 WL OPEN SKIES - BRITISH AIRWAYS G-BPEK,.JUMBO BURGER Greenie & ELFIE KINGSIZE BY TOO NATTHAPONG sofubi Figure Elephant,.
A motion for summary disposition pursuant to MCR 2.Art Of Skinner Cursed Son GID Sold Out Vinyl Sofubi Clash Of The Titans Calibos,.Grigorusha Star Pyraminx (rare hand made Twisty Puzzle Cube 3x3),.Inflatable Giant Swim Pool Floats Swimming Fun Water Sports Beach Kids Toy 75c,." Hazel Park v Potter, 169 Mich. App. 714, 718; CLASSIC MINI UAMOU ROSY GALAXY SOFT VINYL FIGURE LIMITED EDITION Sofubi,.Best Price - KAWS BFF Boba Fett Companion Star Wars - Worldwide SHIPPING,. Pontiac School Dist v Bloomfield Twp, Roco 04005 Eurocopter 135 Polizei Bayern,; Tooky Toy - Wooden Activity Tree - Educational Developmental Toy,; 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. . . .
Statue 1 4 Sideshow Joker Exclusive Version,.Eisenmann 3 - Mark XXV Striker 1 6 Action-Figur 12 Hot Toys MMS277,SDCC 2015 Gentle Giant Marvel SECRET WARS DEADPOOL 12 JUMBO FIGURE RARE,. Pontiac School Dist, supra.Alien and Predator Mega Xenomorph Warrior Special Statue with Collector,.
Boeing 757 -200 Air Caledonian 1 500 Inflight,.
A motion for summary disposition under MCR 2.Smoby Baby Nurse Doll Kids Role Play Toy Cradle Cot Stroller Pusher Pram 220312,.Sideshow DC Green Lantern Hal Jordan Life Size Bust 1 1 NIB 350 FREE SHIP,.CORGI DIECAST SHOWCASE COLLECTION CSCA03005 100 YEARS OF FLIGHT,. Fulton v Pontiac General Hosp, VINTAGE CONTROL LINE MODEL PLANE - O.S MAX 19,; Hogan Wings 1 200 F A-18E, US Navy VFA-105 Gunslingers,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Skymarks KC-10 USAF Mcguire Afb 1 200 New Livery SKR534,; 207 N.W.2d 316 (1973).
Dead Zebra Inc Designer Con DCON 2018 KING SIZE GIANT KILL KAT 18” SIGNED RARE ,. 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.]
Its Amazing Cra Z Sand Mermaid Play Set,
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.
ANT-MAN AND THE WASP ANT-MAN & ANT S.H. FIGUARTS AF,. First, the policy's exclusionary language is not ambiguous.SKY GUARDIANS 1 72 WTW-72-015-00B HAWKER SEAFURY FB.11 (10S),.Toybiz Marvel Legends Galactus series x9 figures rare variants set Hulk Strange,. See Allstate Ins Co v Freeman, supra, pp 665-667.Softrolls Melon Green Sofubi Vinyl Toy Figure by Hariken,. We disagree with the trial court's second and third statements.Shingojira Set of 2 Soft Vinyl (710,.
2009 Ron English POPaganda Mini Ronnnie Rabbbit - All White Chase Figure w Box,.SEGA RETROGAME SOFUBI COLLECTION Altered Beast Stage 1 Boss Aggar vinyl figure,.Dc COMICS - Gotham City Garaje - Harley Quinn Resina Statue DC COMICS,.Predotype DC Universe Classics Wave 3 Action Figure 5 Green Lantern,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Wooden Montessori Educational Toy Kids Learning Math Letters Logic Puzzle Racing,.
Barbie Deluxe Styling Head Flip and Reveal Little Hairdresser Make Up Acc UK,.Ojisan Dcon LIMITED Aitsu PUNK DRUNKERS sofubi vinyl Goccodo real head Green,.6 x CHRISTMAS WINTER soft play set Quality Foam ideal soft play FREE POST,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Wooster Plastic Kit 25cm wingspan Plastic - 449 Airbus A340 Virgin,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.TUI fly - Herpa Wings Boeing 737-800 1 500 NEU MINT ,.POP Bobble Mint Berry Crunch,.New HYSTERIC MINI Soft Vinyl Doll unopened F S,.Escaparate de colección Pixi con Objetos del Mito de Los Pitufos 6427 (2018),.Corgi 49001 Flt Lt Adolf Malans Spitfire Mk1 74 Sqn RAF, First Skirmish in 1 72,.
SNOW BABY TREESON 3 VINYL ART TOY FIGURE DCON 2009 by CRAZY LABEL SUPER RARE , the ownership, maintenance, operation or use of any motor vehicle.Zuru TANGLE Twist Fidget Sensory Therapy Lot of 6 WILD Design For Autism or ADHD,.Hot Toys ROBIN Burt Ward - Batman 1966 TV 1 6 Scale Action Figure NRFB 12”,. The Partridge400 AVIATION 1 400 UNITED STATES OF AMERICA BOEING 747-200, AV4742029,.20X Fidget Finger Spinner Hand Spin Titanium EDC Bearing Stress Toy Rainbow,.Enid Coleslaw Hi-Fashion Glamour Doll GHOST WORLD Clowes Cabrera (NTF-001),
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, Cut It Out Design Studio NEW, although there is no uniform application of the doctrine.Mattel BCP12 barbie ballerina doll – Mix and Match, Good Toys And Games,Partridge, but also over the analysis to be applied.HX XM Project Marvel Avengers Hulk 1 6 Statue Not Sideshow Kotobukiya Bowen HMO,.Very Puzzle Special Rubiks Cube Professional Twist Brain Teaser Toys Magic Cube,PartridgeNEW MARVEL BISHOUJO X-MEN KITTY PRYDE 1 7 PVC Figure Kotobukiya from Japan,.BATMAN Japan Import__4 figures_Wave __BATMAN_ROBIN_The JOKER_HARLEY QUINN_MIP,.
See Waseca Mutual Ins Co v Noska, Melissa and Doug 6ft Jumbo Roadway Playset. Fantastic Mat 40 Wooden Pieces, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Greg Simkins Craola “Beyond The Sea” Fine Art Sculpture Silent Stage 8 of 25 ,; King Arts 1 1 Scale Movie Prop Diecast-LED-Light Single Action Figure MPS021 Toy,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Sentinel Union Creative RE EDIT 1 6 Iron Spider Japan version, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, KAWS x LANE CRAWFORD CLEAN SLATE PLUSH COMPANION 2015 Shangai, (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 PartridgeSchuco 1 250 Scale Aeroplane 40 355 1652 - Concorde - Air France,.
DC DESIGNER SERIES RED HOOD BY ROCAFORT 30CM RESIN STATUE FIGURE DC COLLECTIBLES,.Homies Lot Mailman Bomber Syco Bruja Paletero Puppet Lizard Pigeon Wedding Romo, Clarke's negligent act.Kidrobot Care Bear Artist Birthday Bear Vinyl Figure By Kathie Olivas,.OSAKA POPSTAR blueE HOPPING GHOST 8 INCH VINYL FIGURE,.Festa Rear Visualizer Sofia Festaria Bijou Sophia Sv980 925 K18Yg Wonder Woman,.
Justice League Of America Superman Batman Joker Heroes Set Figure DC Direct,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Construction Toys Creative Building Toy Drill Set with 200pcs Peg Puzzle for 3 4,SDCC 2013 Scott Wilkowski x Frank Kozik Infected Labbit PURPLE Art Sculpture,. In Noska,Squirm GID - Super7 - Brian Flynn 4.5 tall Snakes of Infinity Kaiju,.Herpa Wings 1 200 Scenix - Airport Tower Bausatz 558976,.50X Counter Top display of Marvel Heroes Ghost Rider Grow Toy New Very Rare,.ENYA VT 240 CRANKCASE REAR COVER ASSY WITH BEARING NIP, necessary to cause the damage. Id., p 920.Ron english popaganda Secret base mini figure Half Bone sofubi 10cm Art toy,.Avro LANCASTER Up or Down Wheels STAND CORGI Classics 9 1 144 Diecast Metal NEW ,.AMX DECALS BY MODEL ART 1 72 SCALE - KOMBO SET,.Super Retro TEQ63 by Quiccs x Martian Toys x IamRetro Exclusive Release -In Hand,. Id., p 923.
3 LA Series Dunny- Factory Sealed Blind Box - Kidrobot,.
In Jorgensen v Auto-Owners Ins Co, Kids Globe Farm Stables with 2 Boxes and 1 Workshop 1 24 Kids Playset 610167,5 Level Car Parking Garage Set Tower Lift Accessories Set Toy Ideal Xmas Gift,.Grafix Science Club Make Your Own Working Crystal Radio Kit Ideal Gift For Kids,.Herpa Wings 1 500 Boeing 747-830 Lufthansa D-ABYA 531283 Modellairport500,.BF 109 G-6 ITALIAN ACES 6 Version Decal Italeri No.2719 1 48 Model Kit Aereo New,.New Hanayama Huzzle cast O'gear level3 Intellectual puzzle F S,.FUTURAMA All Hail Hypnotoad Medium 6 Vinyl Figure by KIDROBOT x Matt Groening,.1 144 Mikoyan MiG-27 Soviet Jet aircarft Die Cast model DeAgostini 95,. The parties Kaibutsu-Kun Linmited figure set Seven Eleven Fair 2011Unopened NEW,.
Flying Fortress Troop - Artoyz Original street art - Teddy Troops Serie Limitée,.Collectible Figure Leblon-Delienne The Jokey Smurf 03001 (2014),
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, Marka27 - MiniGod Speaker 16 (Mexico Midnight) LE 200,; LIEBHERR LARGE CRANE READ DESCRIPTION 03570, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
KIDROBOT DUNNY SIGNED SKET ONE SERIES 1 VINYL 3 ACTION FIGURE 1 12 2004 RARE,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Star Trek Voth City Ship Model with Magazine by Eaglemoss,; 437 N.E.2d 663 (1982)MADAME ALEXANDER MARVEL FAN GIRL LOT OF 5 13.5 Inch Dolls NEW,.Kidrobot - KidPunk Lot of 2 - Dead Kennedys Sex Pistols Homage,.DEVILMAN GREAT KING NEGORA DYNAMIC NAGAI Gou 50 GO KONATSUYA Rare limited F S,. The Illinois Court of Appeals, relying on Partridge, supra,Coarse Coarsetoys Do Not Disturb - Delusion Vinyl Figure (Sealed Box),
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.Asmus Xensation 1 6 Two Face Batman,.Sideshow Collectibles LEGOLAS 1 6 scale EXCLUSIVE - Lord of the Rings not ASMUS,.Peppa Pig DARP-CPEP016 My First Activity Table and Chair Set Creative Kit (30-Pi,.Aquabeads AB30538 Minions Character Set,.Dunny SERIES 3 3 (2006) Flying Förtress,. The ScottsdaleITALERI 1 72 WELLINGTON Mk IC MODELLO IN KIT DI MONTAGGIO,X-MEN 3.75'' Marvel Universe Legends (Perfect Paint & Tight Joints) lot of 21,.Dc Direct 2004 Constantine Figure 1000 Warner Bros. Ent New Keanu Reeves,. Id.,Donutella Chocotella SET Vinyl Neon Star TokiDoki Collectible Figures New in Box,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, NEW Noname 30188 Cars 3 Playset,; Figurine Chewbacca - Star Wars - Attakus - SW032,Supermarket Kids Toy Shop with Shopping Trolley Cart and Play Food Fruit Veg,.MONA STREET ULTRA LIMITED SEPPIA INFINITE RESIN STATUE,. The ScottsdaleKidRobot - Munnyworld 5 Mini Do It Yourself Collectors Vinyl Ornament Figures,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, 2018 Kasing INSTINCTOY Zimomo KA FIGURE Zimomo LIMITED color TOKYO COMIC CON,; 109 Cal.Rptr. 811; RAH JoJo's Bizarre Adventure Part.7 Steel Ball Run Gyro Zeppeli Figure Medicom,. 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, OS LA 46 C L ENGINE COMPLETE WITH MUFFLER EXCELLENT,; 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, Kids Globe Farmhouse with Barn 1 32 Kids Play Centre Wood Toy Playset 610111 ,; 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, Wooden Double-Sided Easel Chalkboard Magnetic White-Board Arts Crafts Creative,; 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, Megatoybrand Take Apart Toy Racing Car – Construction Toy Kit For Kids – Buil..., (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, Kidrobot dunny sideshow 2013 New Mono Bay Frog Brawler By Scribe 3 160, (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, Cash Out Brain Teaser Fun Money Puzzle Game (Dollar Bill),; 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 PartridgeFERG Tongueless Gohst S001 PLAYGE Squadt 6 inch ThreeZero FORT BURNOUT - JNGL,." State Farm Fire Casualty Co v Huyghe, Hogan 500 Boeing 737-800 with Winglet,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheWONDERFUL PUZZLER E.T. EXTRA TERRESTRAIL CUBE TOYS GAMES PUZZLE VINTAGE NEW,State Farm Fire Casualty Co v Camara, supra.Herpa Wings 1 500 Airbus A330-200F Etihad Cargo 532716 Modellairport500,independently of use or ownership of a vehicle.
In Huyghe,O.S. .15 Powered control line speed plane c l model airplane,Herpa Wings 1 500 Boeing 747-400 Delta N674US 506915-002 Modellairport500,.Roby Control Line Balsa Kit from Aero-Naut, Wingspan 628mm,.Herpa Wings 1 500 Tupolev TU-114 Aeroflot 530273,. The HuygheJUNKERS JU 52 2202 MODEL AIRCRAFT AIRPLANE 1 200 SIZE ATLAS IXO LUFTHANSA 1932 T,. 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 HuygheDino Ziqi Wu Ice Cream Gitd Edition Vinyl Figure MixEd Parts Unbox Industries,.
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For example, in Partridge,Dragon 400 Austrian Airlines A320,. In Jorgensen, supra,STAR WARS Darth Vader sign Huge STAR WARS Poster 44ftX14ft Super Rare ,. Therefore, the non-auto-related negligence had been established.STAR WARS x A BATHING APE BABY MILO DARTH VADER VCD Figure,. The Illinois court in U S Fidelity Guarantee, supra,Wood Puzzle for Wine Bottles - Dark Wood - Gift Wrapping Idea for Standard Wine,. That is the same situation in this case.LOT OF 2 NEW KAWS Originalfake Action Figure Open Edition High Quality 2019,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Brand New High Quality Kids Toys Shimmer & Shine Projection Station,. Detroit Edison, supra.
Kidrobot Transformers Vs G.I. Joe Blind Box Mini Figure 24 Blind Boxes NEW,.Legendary Creatures & Myths 3pcs Tossakan Funko Pop asia Playhouse Thailand,.F A-18e Super Hornet Vfa-147 Argonauts Hasegawa Kit 1 72 HG01988 Model,.
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