Trumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82b

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Trumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82b
Special Hobby 1 48 Airspeed Oxford Mk.I II Foreign Service ,
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 Vallejo The Rise of Fantasy How to Build Fantasy Scenes Book VAL 75005,.Tamiya 1 350 USS Missouri BB-63 1991,.Laser Cut Wooden Johnny 5 Robot. Short Circuit Film. Model Puzzle Kit,.Trumpeter TRU00347 Model Kit, Various,.

The essential facts are not in dispute.Trampoline Enclosure 38mm Foam foam sleeves ( complete set for 8 poles),.EVERGREEN SQUARE TILE 1 6X12X24L INCHES,. At approximately midnight, Clarke drove home in his automobile.WINGNUT WINGS 1 32 BRISTOL F.2b FIGHTER (POST WAR),.Seed Hobby 1 35 DFH-54 DT-54 Tractor Resin Kit,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Zvezda 1 72 Tb-7 Soviétique Lourd Bombardier,.Brand New NERF Super Soaker HYDRO STORM Water Pistol BLASTER HydroStorm,.RUSSIAN BATTLECRUISER PYOTR VELIKIY ( EX YURI ANDROPOV ) DRAGON 700, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Amish-Made Wooden Bulldozer Toy, Kid Safe Finish,.Razor 13073360 Rift Red Scooter,.█▓▒░ Must Have book OOP, HTF Murat, les Uniformes de la légende L@@k ░▒▓█,.Factory refurbished CORSAIR Corsair Gaming MOBA MMO-built SCIMITA mouse gaming,.

Bino Train Set with Houses,.Tamiya 1 35 Sturmgeschuetz III Ausf.G Assault Gun Model Kit,.Russian JSU152 1 35 Military Model Kit - Tamiya 35303,.12V Licensed White Audi TT RS Battery Ride On Car,.Hoverkart Go Kart For 6.5 8 10 Hoverboard Swegway Electric Hover Scooter UK,.

UTG0045 UGears V-Express Steam Train & Tender Wooden 3D Model,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Kids 6v Avigo Renegade Quad Bike,.Trumpeter 1 35 Pz.Kpfw.38(t) Ausf.E F,.PEPPA PIG OUTDOOR RANGE CHOOSE FROM MY FIRST RIDE ON, TRIKE, SCOOTER & BIKES,Special Hobby 1 32 Hawker Tempest Mk.VI,.Activa 455 Sandtastik Model N Mold Sculpting Sand - Red - 4 Lb,.

Eduard Photoetch 1 72 - Flyingfortress Mk.iii Rear Interior - Edp73617 172,.Electric Scooter Kids 120w Battery Ride On Toy Bike Stand Escooter Adjustable,.Guillows Spitfire Lazercut Model Kit Made in USA,.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.

VTech 5 in 1 Trike Stroll And Grow Age 9 - 72 Months - BRAND NEW - No Box Mint,.

14FT Trampoline With FREE Safety Net Enclosure, Ladder, Rain Cover, + shoes Bag,. We agree in part.

STALINGRAD MINIATURES, 1 35, Garbage Man and Midget (2 FIGURES), S-3722,.Revell MV-22 Osprey Model Kit, 1 72 Scale,.

A motion for summary disposition pursuant to MCR 2.Licensed Audi Q7 Quattro 12v Ride On Kids Car With Remote - bluee,.Tamiya Aircraft Model 1 32 Airplane Supermarine Spitfire Mk VIII Hobby 60320,.Panart Armed Pinnace Lancia Armata 1803 Wooden Ship Kit Scale 1 16,." Hazel Park v Potter, 169 Mich. App. 714, 718; Wilesco M 97 Painter for Live Steam Engines Shipped from USA,.Large Rc F16 Fibreglass Fuz For Sale Set Of Wing Panels With It But Not In Great,. Pontiac School Dist v Bloomfield Twp, Razor Crazy Cart 24V Electric Ride On (9+ Years),; Kids Ride On Car Audi R8 Spyder Electric 12V Battery Radio Remote Control MP3 UK,; 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. . . .

Zf232 Hasegawa Hales 1 48 Model Aircraft T3 T003 Gates Learjet 306x249mm 59 Pcs,.Smart Trike Fresh 126-3700 3-in-1 Tricycle bluee,Dusek D012 NINA, nave di Cristofgold Colombo 1 72,. Pontiac School Dist, supra.Kids ride on cars used,.

YM960 Diorama Series - Garden House A Type Wooden Model Kit,.

A motion for summary disposition under MCR 2.Trumpeter 1 350 USS Yorktown CV-10 1944,.Tamiya M-07R Chassis Kit Ltd,.Integy C23079 Complete 29-pieces Racing Tool Set with Pro Carrying Bag,. Fulton v Pontiac General Hosp, 12 foot trampoline with safety enclosure,; Trumpeter 02279 EF-2000B Eurofighter Typhoon 1 32,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, SKR8318 Skymarks United A320 1 100 Friendship W Wood Stand & Gear Model Airplane,; 207 N.W.2d 316 (1973).

Trumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82bTrumpeter 02325 1 1 1 35 Soviet A-19 122mm Gun Model 1931 37 assembly model 16a82b

Revell Kit 1 72 - Attaque Rapide Allemande Craft S-100,. 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.

Takom 2047 1 35 Sd.Kfz.182 King Tiger Henschel Turret w Zimmerit Pz.Abt.505,

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.]

Tamiya 24301 Enzo Ferrari Yellow Version 1 24,

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.

Tamiya 74110 Craft Tools - Stand Loupe PRO - w 1.8x Multi-Coated Lens,. First, the policy's exclusionary language is not ambiguous.Italeri Ital3879 Scania R730 Le Griffon 1 24,.GSI Creos Airbrush PS274 MR.Procon BOY WA 0.3mm Double Action Mr.Hobby,. See Allstate Ins Co v Freeman, supra, pp 665-667.Bigjigs Rail My First Wooden Train Set - Beginner Railway Set,. We disagree with the trial court's second and third statements.Zvezda 1 35 scale GAZ M1 SOVIET CAR,.

1 24 RDA-2443 CURBSIDE DIORAMICS FORD 9-INCH REAR AXLE W M KIT RARE SOC (KS4),.Rolly Toys Kid Pedal Tractor & Trailer Front Loader Boys Kids Ride on Toy 023127,.Trumpeter 1 35 - Russian Bmp-2d Ifv - (tru05585) - 135 Bmp2d Late Production,.TRU00379 - Trumpeter 1 35 - PT-76 Russian (Mod.1951) Amphibious Tank,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Tamiya 35348 Russian Self-Propelled Gun SU-76M 1 35 Model Kit NIB,.

Electronic Ride On Pink Quad Bike, Toys & Games VOLT NEW B O QUAD GIRLS,.Aircraft Hot Air Creative Stirling Engine Power Generator Physical Education Toy,.Hobby Zone Electric Plank Bender,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Young - Roman Imaginifer 1st Century AD - YH7004,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Ammo by Mig BLITZKRIEG LIGHTNING WAR 1939-41 EURO0024,.SOL RESIN FACTORY, MM233 , Russia Female Infantry , SCALE 1 16,.World Of Tanks P26 40 Limited Edition Kit ITALERI 1 35 IT36515 Model,.Trumpeter 1 32 - Aircraft Weapons Air-to-air Missiles - Air Us Weapon Missile,.Winther Mini Viking Tricycle Red,.

⭐️ELC Traditional Wooden Puppet Theatre Preschool Imagination Role Play Toy⭐️, the ownership, maintenance, operation or use of any motor vehicle.B. Zany Zoo Wooden Activity Play Cube,.Xootz TY5767 Ingreen 360 Spin In-Line Stunt Scooter-White,. The PartridgeVALOM 72022 1 72 Bell YFM-1A Airacuda,.Kids Boys Girls Luxury Handmade Multi Coloured Large Teepee Wigwam Playhouse,.Trumpeter 1 32 02239 Russian MiG-29K Fulcrum Model Aircraft Kit,

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, Trumpeter 1 35 Russian ZSU-57-2 SPAAG, although there is no uniform application of the doctrine.2 Nerf Scatter Blast Super Soakers,Partridge, but also over the analysis to be applied.SOL RESIN FACTORY, SCALE 1 9, SS DEMITRI , cat.no.C235,.Amish-Made Wooden Toy Train Play Set, 24 Long,PartridgeSmartrike 4 In 1 Excellent Condition Kids Bike,.Trumpeter 02850 Supermarine Spiteful F.Mk.14 Fighter 1 48 scale.,.

See Waseca Mutual Ins Co v Noska, Tamiya 1 32 Mustang P-51D, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, TAMIYA 1 35 Scale Russian Army T-72 M1 Tank Military Plastic Model Kit No.35160,; D.I.Y Antique Wooden Model Car Kit-1914 Stutz Bearcat-15 -NEW ,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Trumpeter 1 35 Morser Karl-Great 040 041, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Tamiya 35355 Infantry Tank Matilda Mk.III IV Red Army 1 35, (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 PartridgeTrompettiste 1 35 - Allemand 128mm Pak44 (krupp) - Tru02317 Trumpeter 135,.

12V Roadster Kids Ride On Car - White,.Young - German Gebirgsjager 1942 - YM1836, Clarke's negligent act.YM961 Diorama Series - Garden House B Type Wooden Model Kit,.Takom 1 35 AMX-13 90 French Light Tank,.Low Temperature Stirling Engine Motor Temperature Difference Cool Model Educatio,.

SALE - Berezina 1812 - (Napoleonic) 90mm,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Hot Air Stirling Engine Generator Education Kit Novelty Model Motor Steam Toy w,Early Learning Centre ELC Trike To Bike - blueEBRAND NEW & BOXED,. In Noska,Trumpeter 1 16 King Tiger Sd.kfz.182 II' 2 in 0.3m (Henschel & Porsche Tourelle),.Trumpeter 1 350 Russian Tsesarevich Battleship 1917,.TRUMPETER 01020, 1 35 - 9K58 Smerch-M on 9A52-2 MRLS, BRAND NEW ,.TAMIYA 35365 US Airborne Tank M551 Sheridan Vietnam 1 35 Tank Model Kit, necessary to cause the damage. Id., p 920.Tamiya 1 35 US Medium Tank M4A3E8 Sherman Easy Eight Model Kit Sv 35346,.BRIO 33513 Metro Railway Set - Railway Sets Age 3-5 Years 21 pcs,.Trumpeter 05564 1 35 Russian T-72BM Mod.1990,. Eduard P-etch (zoom) 1 48jas-39 Gripen Sa,. Id., p 923.

Hoverkart 6.5 8 10''Hover board Seat Go Kart For Self Balancing E-scooter,.

In Jorgensen v Auto-Owners Ins Co, Sd.Kfz. 251 16 Ausf. C Flammpanzerwagen - 1 35 '39-45' Model Kit - Dragon 6864,Batmobile Bike 6 V Box Damaged (photos),.REVELL Premium BMW850 Alpina B12 Coupe plastic model kit car Excellent Cond 1 24,.Tamiya A-1J Skyraider U.S. Air Force,.Aston Martin DB5 scale 1 43 Limited Edition Vitesse,.GSI Creos Mr.Hobby PS290 PROCON BOY AIRBRUSH LWA TRIGGER TYPE DOUBLE ACTION,.Pink Foldable Baby Bed Infant Crib Cradle Play Shades Travel Mosquito Tent,.Tamiya 12053 Team Lotus Type 49B 1968 (w Photo-Etched Parts) 1 12,. The parties Zvezda 1 35 3522 german light tank panzer 1b model kit contents sealed box damag,.

Trumpeter 01591 1 35 Russian BTR-70 APC Late Version NEW ,.Legler - Tepee Deluxe - 6078,

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, Eduard Photoetch 1 350 - S-38 Schnellboot (ita),; BRIO 33593 Big Green Action Locomotive - Railway Battery Function Age 3-5 yr, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Charles Bentley Kids Grey Haunted Castle Play Tent Indoor Outdoor Use,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Mantua Panart 1749 Royal Caroline 1 47 Scale Kit,; 437 N.E.2d 663 (1982)WHITE ENSIGN PE-7255B 1 72 AVRO VULCAN EXTERIOR P E Detail Set for AIRFIX Kit,.Wooden Working Safe Model Kit Brand New and Sealed Free Postage Birthday Gift,.TAMIYA 24124 Montero Sport LTD 1 24 Car Model Kit,. The Illinois Court of Appeals, relying on Partridge, supra,VERLINDEN PRODUCTIONS 1756 RED DEVILS BRITISH PARAS WWII 2 FIGURES 1 35,

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.18 NEW WOODEN WIGGLE SNAKES 28 WOOD SNAKE PRETEND CLASSIC KIDS TOY,.Trumpeter 1 35 Soviet 122mm Howitzer 1938 M-30 Late Version Plastic Mo,.Slamm Classic-6 Stunt Scooter Grey bluee,.Eduard Photoetch 1 72 - F-15estrike Eagle (gwh),.DINO KIDS TWISTER PEDAL GO KART - 3 WHEEL KART WITH REAR AXLE STEER,. The ScottsdaleKids ride on car (Porsche macan),Skyraider A-1H - 1 48 Aircraft - Italeri 2788,.TAMIYA 32568 GERMAN TANK DESTROYER MARDER III M 1 48 SCALE KIT,. Id.,BRIO 33052 Deluxe Railway Set - Railway Sets Age 3-5 Years 87 pcs,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Tamiya Russian Tank Destroyer SU122 1 35 Scale Model Kit,; Tamiya 1 35 French Medium Tank SOMUA S35 [Military Miniatures] Model Kit,Trumpeter 1 700 - Uss Enterprise Cv-6,.2018 bluent Envy Scooter - Complete Stunt Scooter ( Prodigy S6 KOS One Colt ),. The ScottsdaleValom 1 72 Heinkel He-119V-5,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, TAMIYA 36212 U.S Abrams Main Battle Tank M1A2 1 16 display Tank Model Kit,; 109 Cal.Rptr. 811; Tamiya Flatbed Semi Trailer for Tamiya Tractor Units,. 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, Excel Professional Knife Set with Wooden Box New Made in USA Free Shipping,; 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 12v Licensed Ford Ranger Electric Ride On Jeep EVA Rubber Wheels,; 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 01638 1 72 Fw200C-4 Condor,; 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, Tamiya Tami14111 Kawasaki Zzr 1400 1 12, (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, Hot Air Stirling Engine Model Power Generator Motor Lab Educational Steam Toys, (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, 6v bmw x5 Ride On,; 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 PartridgeTamiya Ford Fiesta Wrc 17 Red Bull,." State Farm Fire Casualty Co v Huyghe, DUSEK D016 MARIA HF.31 1 72,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheLittle Armory LD008 Ganrakku C Model Car,State Farm Fire Casualty Co v Camara, supra.KIDS RIDE ON CAR VW BEETLE STYLE 12V BATTERY ELECTRIC REMOTE CONTROL blueE,independently of use or ownership of a vehicle.

In Huyghe,Electronic Ride On Pink Quad Bike, Toys & Games VOLT NEW B O QUAD GIRLS,Lamborghini Aventador 12V Car Official Kids Electric Battery Ride On Parent Cont,.TAM-35181-000 Pz.IV Ausf.J(Sd.Kfz.161 2) Tamiya Models,.Smart Trike Fun Tricycle (bluee),. The Huyghe2 Set Kids Baby Letter Words Learning Toy Montessori Moveable Alphabets Box,. 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 HuygheNeuf peinture figurine maquette vallejo 29 colors acrylique + AIRBRUSH 71172,.

U. S. Aircraft Carrier Saratoga 1 700 ( Fujimi ),.Eduard Big-Ed 1 72 Mil Mi-8 Hip,.

Eduard Photoetch 1 72 - Train De Roulement B-52g (m.collect,.Trumpeter 1 35 - Mil Mi-4A Hound A Helicopter,. Nonetheless, on the facts of Trumpeter 1 32 Su-25 Frogfoot-A,.

Next, it is important to clarify that PartridgeNew(OTHER)  boxed Kettler Kid's Boy Scooter age-2 plus,.Valom 48010 1 48 Britten-Norman BN-2A Islander LOGANAIR,.

For example, in Partridge,10FT 8 Poles Replacement Trampoline Safety Net Surround Set with Poles & Fixings,. In Jorgensen, supra,Verlinden 120mm 1 16 Bombarde médiévale 1087,. Therefore, the non-auto-related negligence had been established.TTMED03 DEAL BUNDLE with STEERWHEEL Radio (ET1060 Servo MTSport Overnight 1800),. The Illinois court in U S Fidelity Guarantee, supra,Tamiya 1 35 scale Russian SU-35 LTD,. That is the same situation in this case.Vallejo Model Air Set Camo colors Ultra Airbrush Set,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Tamiya 1 24 LaFerrari Yellow Version,. Detroit Edison, supra.

V-Tech 5 In 1 Trike,.Trumpeter 02863 1 48 Mikoyan MiG-21MF,.MERCEDES BENZ SL65 AMG LICENSED 12V KIDS RIDE ON REMOTE CONTROL CAR CARS,.

Y-Volution Y Flyer - Red,.