TRUMPETER 1 35 SOVIET T-64AV T-64AV T-64AV MODEL 1964 6f2d87

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
TRUMPETER 1 35 SOVIET T-64AV T-64AV T-64AV MODEL 1964 6f2d87
Tiger Model 4665 1 35 AMX-10RCR T-40 Nexter 40 Ctas Turret,
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 Wader Bath World Bath World Waterfun Water Game Bath Toy Bathrub 40909,.Adult Scooters Mini Push Stunt Kids Scooter Commuter Toddler Mobility Girls Boys,.Vintage 'Model Maker' Metalworking Fabrication Tool,.Tamiya 1 700 USS Indianapolis CA-35,.

The essential facts are not in dispute.Special Hobby Spec48089 Heinkel He 51b-2 1 48,.Tamiya U.S. M4 SHERMAN Medium Tank 1 35 Scale Kit 35190,. At approximately midnight, Clarke drove home in his automobile.TAMIYA 24339 1 24 Toyoda AA,.Tamiya 24300 Nissan Skyline GTR R35 1 Scale,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Eduard Photoetch 1 48 - Train D'atterrissage F6f (eduard) - (edp48585),.TAMIYA 1 48 Bristol Beaufighter TF.Mk.X Model Kit NEW from Japan,.DeAO Basic Sand and Water Table with Lid for Toddlers w Assorted Accessories, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Boys Kids Girls Luxury Handmade bluee and Grey Extra Large Teepee Wigwam Den,.Revell Model Kit 1 72 4369 MiG 1.44 MFI MIB, 2005,.SKR911 Skymarks Thai International (Thailand) A350 Model Airplane,.Razor E100 Electric Scooter - bluee,.

Tarangus 1 48 SAAB A32A Lansen,.TAMIYA 1 48 Supermarine Spitfire Mk.Vb Model Kit NEW from Japan,.Trumpeter 02242 1 32 US. Navy SBD-3 4 A-24A Dauntless,.YO043 HELLER 1 43 rare maquette camion 3504 Bobcat Camion benne Dumper mines TP,.Vinsani 32PC Sand & Water Table with Cover and Stool Activity Play Table Set,.

Wooden Sandpit Oak Woods 121cm x 124cm, 16cm high,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.My Little Pony Kids Folding In Line Push Scooter Adjustable Height Outdoor Toy,.5X(Kids Tools Toy Set ABS Repair Tools Toy Preschool Educational Toys O8X5),.Trumpeter 1 35 09510 Russian T-72B3M MBT Military Model Kit,Badger Air-Brush 13-60CS FreakFlex Complete Set,.Trumpeter 1 35 Russian 9K35 Strela-10 SA-13 Gopher ,.

A new firing system WITH water crystal ammo bullets,WITH hard plastic gunCASE,.Evolution Ignition System Complete 33GX - X-EVOG33300,.59Mm Mini Model Photo Woodworking Etch Bending Tool Blade Set,.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.

Knorrtoys 55101 knoortoys Play Tunnel Girls, Multi color,.

bluee Princess Castle Play Tent Kids Indoor Outdoor Hexagon House Xmas Gift,. We agree in part.

REVELL VW Transporteur Type 2 T1 Split Window (1947–1967) - 07076 - 124 pièces,.RV07242 - Revell 1 24 - Shelby Mustang GT 350 H,.

A motion for summary disposition pursuant to MCR 2.ZF482 Revell 1 72 maquette avion 4126 Messerschmitt Me 410 A-2 U-4 Hornisse,.Mantua Models Sovereign of the Seas Model Ship Kit FREE NEXT DAY Delivery,.Mastercraft Collection SH-60 Bravo Model Scale 1 64,." Hazel Park v Potter, 169 Mich. App. 714, 718; Kids 3 wheel slider drifter scooter 3 wheel steering scooter size large 8yrs +,.Kids Developmental Folding Pop Up Playhouse Indoor Outdoor Play Tent Toy,. Pontiac School Dist v Bloomfield Twp, Tamiya Ferrari Enzo 1 24 24270,; Tamiya 1 35 Japan Type 1 Self-Propelled Gun w 6 Figures,; 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 KIDS TRAMPOLINE & ENCLOSURE 8FT EXTENDED POLES FOR EXTRA SAFETY,.Vallejo Paints 70098 Empty Plastic Storage Case,Tamiya 1 6 Honda CRF1000L African Twin Model Kit,. Pontiac School Dist, supra.Tamiya 32592 U.S. Main Battle Tank M1A2 Abrams,.

Jumpking 10ft Trampoline Safety Net with Poles, Foam Predectors & Fixtures,.

A motion for summary disposition under MCR 2.Takom 1 35 2072 US Medium Tank M47 E M,.KIDS NEW 12V MOTORCYCLE QUAD BIKE RIDE ON MOTORBIKE 12V BATTERY CAR BIKE,.SOL RESIN FACTORY,1 16 U.S. MARINE 2 (VIETNAM), cat.no. MM159,120mm,. Fulton v Pontiac General Hosp, SPARE TRAMPOLINE NETTING FOR ROUND TRAMPOLINE 5 SIZES ,; TAMIYA model kit 25112 - Open Box - Panzerkampfwagen 35(t) - 1 35 scale,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Beleduc Martello - Hammer And Nail Game,; 207 N.W.2d 316 (1973).

Large Pink Cotton Canvas Kids Teepee Tent Wigwam Indoor Outdoor Play House,. 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.

TRUMPETER 1 35 FAUN SLT-56 TANK TRANSPORTER,

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.]

Trumpeter 1 35 Russian 30N6E Flaplid Radar System,

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.

Toyota 2000GT Early Type ( 1967 ) 1 24 ( Hasegawa ),. First, the policy's exclusionary language is not ambiguous.ZF287 Hobbycraft 1 48 maquette avion HC1511 US navy gull wing F4U-4 corsair,.Kids 2019 Licensed Mercedes Benz AMG GT4 Ride on Car 12V Battery Remote,. See Allstate Ins Co v Freeman, supra, pp 665-667.SOL RESIN FACTORY, MM252 , U.S.ARMY Female Tank Loader , SCALE 1 16,. We disagree with the trial court's second and third statements.DINO Bikes Fireman Sam 10 Bicycle Removable Stabilisers 10 Wheels Kids Bike,.

Tamiya Ferrari 360 Spider 1 24 24238,.YS008 HELLER 1 24 rare maquette voiture 727 Citroen B.14 Torpedo de luxe 1983,.TAMIYA 37006 WWII GERMAN ARADO AR 196A 1 48 SCALE KIT,.Zvezda 1 35 Pz.Kpfw.VI Tiger II Ausf B (Porsche Turret) German Heavy Tank,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Trumpeter 1 35 01593 Russian BTR-70 APC in Afghanistan,.

Tamiya 60320 Supermarine Spitfire Mk.VIII 1 32,.Unique four stroke petrol engine aluminium brass original high quality running,.Mini Micro Scooter Deluxe Green,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Revell Reve00080 Space Marine Heavy Assault,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.TRU09507 - Trumpeter 1 35 - Russian T-72B2 Main Battle Tank,.Brand new plum giant octagonal wooden sandpit,.Wingnut Wings 1 32 Albatros D.Va,.Rpm 1 35 Beobachtungswagen Sd.kfz.135,.Spektrum Aircraft Telemetry GPS Sensor - P-SPMA9587,.

Young Miniatures RAF Spitfire Pilot 1940 WW2 1 10th YM1868 Unpainted kit, the ownership, maintenance, operation or use of any motor vehicle.Kubota 2-Wheel Dumper Trailer - FA787K,.Testors AZTEK Compressor AC500 No 50205 BRAND NEW On Sale,. The PartridgeTRU01563 - Trumpeter 1 35 - B1 Centauro AFV Early (1st Series) ROMOR,.Tamiya German Tiger I Mid Production 1 35 Scale Kit,.TRU05786 - Trumpeter 1 700 - USS Detroit AOE-4 Support Ship,

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, Lamborghini Aventador 12V Kids Electric Ride On Car Leather Seat Soft Eva Tyres, although there is no uniform application of the doctrine.Star Trek Enterprise NCC-1701-D And Other Model Leftover Parts. Good Condition,Partridge, but also over the analysis to be applied.Kids Quad Bike ATV 6V Ride On VGC ,.Edu36364 1 35 Eduard Pe - Sd.kfz.166 Brummbar Schurzen (à Utiliser Avec Le -,PartridgeRevell Monogram 1 48 Dornier 217E-5 model kit,.God Hand Ultimate Nipper 5.0 Tool for Plastic Model GH-SPN-120 Japan F S New,.

See Waseca Mutual Ins Co v Noska, USA (RANGER SPECIAL OPERATIONS VEHICLE) RSOV W MG 1 35 fav Trumpeter model kit, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Takom 2090 1 35 R.O.C. Army MBT CM-11 (M-48H) Brave Tiger,; Trumpeter 02894 1 48 De Havilland Hornet F.3,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Tamiya 300074123 - Diagonal Cutter, Fine Pointed Plastic, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, TRUMPETER 1 35 SOVIET B-4 M1931 203mm HOWITZER, (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 PartridgeTamiya 61079 - 1 48 Fairey Swordfish Mk I CLEAR EDITION ,.

Hasbro Nerf Super Soaker Soakzooka Water Toy,.Hasegawa mat Bihaikuru w MAT woman personnel 1 24 scale plastic model SP376, Clarke's negligent act.Vintage Tamiya 20053 Tyrell P34 Monaco GP 1977 1 20 Model Kit,.Scalextric Arc One Super Gt Slot Car Racing set SXC1360 New ,.Zinc Volt Sport Electric Scooter - bluee & White,.

Trumpeter 1 72 BAC Lightning F.6 F.2A,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, VidaXL Ride-on Car with Push Bar Mercedes Benz GLE63 bluee Kids Riding Vehicle,Prince August no.12005 Battle of Waterloo British Footguards 1814 Casting Kit,. In Noska,Takom 1 35 U.S. Heavy Tank T29E3,.Aedesars Stonehenge Ceramic & Mozaic Model Kit 1 135 AED1268,.Chelsea F.C - Inline Folding Scooter - GIFT BIRTHDAY,.TAMIYA 35328 Israeli Tank Tiran 5 1 35 Military Model Kit, necessary to cause the damage. Id., p 920.Trumpeter 1 35 - German Neubaufahrzeug Nr.3-5,.Zinc Volt XT Electric Scooter - Green,.Barafundle Personalised Story CD Gracie in Nursery Rhyme Land,.Sandtastik Ter25Lbbrntocher Sandtastik Course Floral-Terrarium Sand - Burnt O...,. Id., p 923.

Tamiya 35221 British Cruiser Tank Mk.VIII A27M Cromwell Mk.IV 1 35 Model NIB,.

In Jorgensen v Auto-Owners Ins Co, Tetra Model 1 35 ME-35019 Leopard 1 A5 & C2 Detail Up Set for Takom,Kids OZBOZZ SV13942 Light Burst Scooter Pink & Yellow Outdoor,.Wood Sum Retro Smart Phone TV Magnifier Self Assembly Kit Korean DIY Maple Hobby,.Young - French Foreignlegion WWI - YM1863,.Tamiya 1 35 Jagdpanzer 38(t) Hetzer Mittlere Produktion Hetzer Mid Product 35285,.Kids Range Rover Sport HSE Supercharge Style Electric Ride on Car Jeep 12V,.Takom 1 35 2086 British Medium Tank M3 Grant,.AUTO PILEN Mod.317 - SEAT 850 (RED) YEAR 1974 - SCALE 1 43 - MC42651,. The parties Tamiya 1 24 Honda NSX 90s Sports Car Great Condition Rare,.

YG040 MONOGRAM 1 48 maquette helicoptere 5819 MIL Mi-24 Hind Gunship,.Tamiya NDF01 Rein. Drive Flange Shaft,

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, Tamiya 1 35 Iraqi Tank T-55 Enigma ,; Tamiya 58624 Mazda MX-5 M05 RC Car Kit, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Tamiya Military Model 1 35 U.S. Main Battle Tank M1A2 SEP ABRAMS TUSK II 35326,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Trumpeter 00920 1 16 German Pz.Kpfw.IV Ausf H Medium Tank,; 437 N.E.2d 663 (1982)Special Hobby Spec48084 Fairey Albacore Mk.Ii 1 48,.14ft Trampoline with Safety Net - 3 Colours - PRO Quality EU Standards,.SPACE 1999 EAGLE TRANSPORTER - 1 48 LARGE MODEL KIT (22 LONG) MPC,. The Illinois Court of Appeals, relying on Partridge, supra,Tamiya 1 35 scale U. S. M20 Armored Utility Car,

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.Billings Boats ZWARTE ZEE COMPLETE 1 90,.Batman Battery Powered 6V Batmobile Electric Ride On Mini Quad,.Trumpeter 03204 1 32 F A-18E Super Hornet,.Revell Wright Flyer 1 39 Scale Model Airplane Kit - All Parts still Sealed 1 39,.Trumpeter 1 700 Italian Navy Battleship RN Roma 1943,,. The Scottsdale Rebekah's Collection Wooden Doll Crib for 18 Dolls, Natural Harvest,SKR960 Skymarks Jetbluee E190 1 100 blueeprint Model Airplane,.Valom 1 72 Handley-Page Sparrow,. Id.,Roden 438 Gloster Gladiator Mk II Metegoldlogical 1 48 Scale Kit,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Tamiya Japenese Navy Submarine I-400 Item No 78019,; VINTAGE AIRFIX MODEL No.1653 3 CAPTURED BRITISH CENTURION TANKS VN MIB,RVM5521 - Revell Monogram 1 48 - A-10 Warthog,.Bloomingville Pull Along Toy White Lemon,. The ScottsdaleVINTAGE WHITE METAL MODEL KIT A.B.S. MODELS BRISTOL K HALF CAB BUS R351,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Tamiya Dambuster Grand Slam Bomber 1 48 scale Model kit 61111,; 109 Cal.Rptr. 811; 3B Scientific U10061 Low Temperature Stirling Engine Kit, For the low Stirling,. 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, Vintage Lot of 3 model kits Tempest LAGG3 Hawker Typhoon 1B F389 plane 1 72,; 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, Zinc T-Motion Tri Scooter - bluee,; 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, Trumpeter 1 35 09507 Russian T-72B2 MBT Military Model Kit,; 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, New Little Tikes 3 in 1 Trike with Push Handle, Harness, Pedals, Adjustable, (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, Tamiya 1 35 Sturmgesshutz III Ausf B, (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, T-55 Soviet Medium Tank Kit MINIART 1 35 MIN37027 Model,; 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 PartridgeSpektrum Spektrum Single Aircraft Transmitter Case - P-SPM6722,." State Farm Fire Casualty Co v Huyghe, TAMIYA 61119 Spitfire Mk1.A 1 48 Aircraft Model Kit,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheRollplay 32132 - BMW X5 Suv 12V With Remote Control - White,State Farm Fire Casualty Co v Camara, supra.Takom 1 35 Japanese Type 94 Tankette 1006,independently of use or ownership of a vehicle.

In Huyghe,Trumpeter 02823 model Kit Wellington Mk. Iii - 02823 Model Mk,Tamiya 1 48 Modern Utility Vehicle 32567,.Williams bros. gee bee r-1 racer 1 32 scale model kit NIB SEALED,.Asmodee - MEM08 - Jeu de Stratégie - Mémoire 44 - Extension - Théâtre Médit,. The HuygheTrumpeter 1 350 German Admiral Graf Spee,. 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 HuygheToy model army UH-60A transport helicopter 1 72 04940 revell,.

Techmod 1 48 Friedrichshafen FF-33E in Polish Service,.Trompettiste 1 48 - Fairey Luciole Mk.1,.

6' Giant Lace Girls Teepee Tent Kids Indoor Outdoor Wedding Party Garden Decor,.BOIKIDO WORKBENCH WITH CONSTRUCTION KIT Toy - BRAND NEW,. Nonetheless, on the facts of Tamiya 1 35 Military Miniature Series No.329 Ground Self-Defense Force type,.

Next, it is important to clarify that PartridgeEduard Eduabig3592 King Tiger Initial 1 35,.Eduard Photoetch 1 35 - Pz.kpfw Ll Bison Ll 150mm S.ig33 (dragon 6440) -,.

For example, in Partridge,Trumpeter 1 700 USS Ticonderoga CV-14,. In Jorgensen, supra,Takom 1 35 2055 Russian Medium Tank T-54B,. Therefore, the non-auto-related negligence had been established.Trumpeter 05325 HMS Warspite 1942 1 350 scale.,. The Illinois court in U S Fidelity Guarantee, supra,Toy model army mcdonnell douglas AH-64 A apache 1 72 04487 revell,. That is the same situation in this case.VidaXL Playhouse with Ladder Slide and Swing 300x197x218cm FSC Wood Activity,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.SBS Models 1 72 FARMAN F.190 Air France,. Detroit Edison, supra.

Trumpeter 02347 1 35 German 37mm Flak 43 Zwilling,.Unicraft Models 1 72 DORNIER SCHNEIDER RACER,.TRU02406 - Trumpeter 1 24 - Messerschmitt Bf 109 G-2,.

Walnut Operating Medieval Springald (Springal) Catapult Model HandMade NEW,.