Scavatore Ruspa Radiocomandato Bagger escavatore escavatore escavatore r c telecomandato 3 CH Natale c1195f

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Scavatore Ruspa Radiocomandato Bagger escavatore escavatore escavatore r c telecomandato 3 CH Natale c1195f
FORZA450 REAR BODY PURPLE for Forza 450 (Dee Force Aviation JR PROPO),
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 SereneLife SLRBT10 RC Speed Boat - Wireless Remote Control Speed - Boat,.RENAULT JUVAQUATRE SHEET POLICE CIJ 300KGS,.Drone x pro 2.4G Selfi WIFI With HD Camera RC Quadcopter Aircraft Gift BD,.Wooden Quoits in Canvas Bag,.

The essential facts are not in dispute.Quadrone - X HD Drone - Quadcopter - Beginner Level,.Amewi 1 18 RC MINI Short Course 4WD 2,4 GHz RTR - 22108,. At approximately midnight, Clarke drove home in his automobile.Radio control 4 pieces set Lexus LFA orange Ferrari X STREET rare from japan 2P,.Wltoys F949 2.4G 3Ch RC Airplane Fixed Wing Plane Outdoor toysWltoys F949 Airpl,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.SMRC S8 RC Drone with WIFI 2MP HD Camera FPV Hovering Quadcopter APP Control TF,.MERCURY Art.68 (YEAR 1968) PredOTIPO PANTHER 3 L BERTONE SCALE 1 43 MC42082,.2X(Mini Aircraft Four-Axis Folding Drone Small Air Plane Air Pressure Set O1G5), Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

SEAGULL RYAN NAVION rc aeroplane - AIRFRAME ONLY,.Carrozzeria Delta Plastik e Decals Vintage Tyrrell P34 1 8 Classic - 1977,.08066-4 CARROZZERIA ON-ROAD 1 8 TYRANT STRADALE + COMPLETA DI ADESIVI HIMOTO,.VISUO XS812 GPS 5G WiFi FPV 5MP 1080P HD Camera Foldable RC Quadcopter Drone s9,.

PROPELLER X442 3 CNC ALUMINIUM BALANCED 3 16 and 4mm dog drive 42mm rc proboat,.ABC-Hobby Nissan Skyline 2000 GT-R (KPCG110) Karosserie-Set 1 10 (66088),.SJRC F11 GPS 5G WiFi FPV 1080P HD Cam Foldable Brushless RC Drone Quadcopter b,.Cross RC SP4C 1 10 Demon 4x4 Crawler Kit-Full Hard Body Full Metal,.Skytech H100 2.4G RC Boat Remote Controlled 180 Degree Flip 26-28KM H High E4H7,.

D10WHD Stylish Drone WiFi Quadcopter Drone Remote Control 720P HD Camera M2,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.DARK WARRIOR 912 RC Drone 5G WIFI FPV 1080P Camera GPS Positioning Quadcopter,.MS Swift II Flying Wing Airbrush Britain H,.7F8A Road Car Fashion Remote Control Car Sell Control,Traxxas 1 16 Slash XL2.5 4WD (TQ 7.2V DC Chg) C-TRX70054-1-Mark Jenkins,.1 12 Smooth Running High Speed Fast Racing Model Car Race Remote Control RC Toys,.

FeiLun FT011 2.4G 55km H Wireless High Speed RC Racing Boat Brushless Motor Ship,.Vintage Radio controlled 36R Model Yacht,.Noahs Ark Handcrafted Wooden Mobile,.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.

Heng Long 1 16 2.4G 3869-1 Jagpanther German Tank Destroyer Late Version,.

1 10 Scale Nitro Rally Touring Car Kyosho PureTen GP Alpha 2 vintage 2002,. We agree in part.

Fast and Furious Elite Off-Road RC Vehicle R C Radio Remote Control Car Powerful,.Drone X Pro Foldable Quadcopter WIFI FPV with 720 HD Camera 6-Axle 2.4GHz 4CH UK,.

A motion for summary disposition pursuant to MCR 2.RC Drone Quadcopter With 5MP HD Camera WIFI 6-Axis Foldable Hover motorcycle toy,.Smart Arduino Robot Car Kit Wireless Control DIY Toys, without Controller Board,.Wooden Paper Cutting Tool Box Kids Kindergarten Montessori Educational Toy,." Hazel Park v Potter, 169 Mich. App. 714, 718; RC Flugzeug Douglas DC-3 silver Spannweite 1800mm Rosinenbomber + Antriebsset,.greypner FliteTest RC Flugzeug Bronco Speed Build Kit WR - FT4107,. Pontiac School Dist v Bloomfield Twp, EFL9787 E-flite 2840 Brushless Motor (3150kV),; Motor Skills Game Semi-Precious Stones,; 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. . . .

Wooden Farm Playset - Carry Case - Wooden Toys- Pre- School - Age 3 +,.MJX Bug 3 Pro 5G WiFi Camera FPV RC Drone - RTF Altitude Hold APP GPS Quadcopter,NEW Pottery Barn KIDS Stained Wood Wooden Pull ToyELEPHANT18 mos+,. Pontiac School Dist, supra.Mini Submarine High Powered 3.7V Toy with RC Remote Controller 14cm Model,.

1 8 -Nitro Verbrenner Serpent Chassis,.

A motion for summary disposition under MCR 2.FMS 1400 Series P51 & Corsair & DX18 ARTF Warbird Retracts flaps lights bundle,.Freewing Rebel V2 70mm EDF Jet - PNP,.DIY 2.4GHz 4-Aixs Quadcopter RC Drone 630mm Frame Kit APM2.8 Flight Controller,. Fulton v Pontiac General Hosp, Aeronaut Clipper Seyellowoot 300200 Aeronaut 3002 00,; SG700 2.0MP Camera Wifi FPV Foldable 6-Axis Gyro Optical Flow Positioning Z3K8,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Tamiya 1 350 Yamato Japenese Battleship 78025..,; 207 N.W.2d 316 (1973).

NEW PAPO Le Toy Van Budkins Wooden Red Retro Racer Monza with Driver 18cm,. 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.

Kids Glider RC Airplane RTF Built-in Gyro 340mm Wingspan 2.4G 2CH EPP Plane Toy,

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.]

Kids Preschool Training Learning Toy - 11Pcs colord Pencil Holder+color Box,

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.

Janod Mint Wooden Push Scooter│Adjustable Seat Height of 32 to 36.5cm│+3 year,. First, the policy's exclusionary language is not ambiguous.1 32 BMW E30 Soper Scalextric 500003782,.X53 Quadcopter Auto-Takeoff Remote Model Airplane 300,000 Pixels Camera MB,. See Allstate Ins Co v Freeman, supra, pp 665-667.STINGER 1 4 RADIO CONTROLLED rc boat CNC aluminium 6.35mm adjustable,. We disagree with the trial court's second and third statements.G30C FiberGlass 30CC Engine Gas RC Racing Speed Boat Monohull ARTR Deep V OG,.

Quadcopter S31 Headless Mode Mini RC Helicopter Drone 2.4Ghz 6-Axis Gyro 0.3MP M,.Legler - Labyrinth - 1512,.Tidlo Wooden Make-A-Land Construction Play Set,.Freewing T-45 Goshawk Super Scale 90mm EDF Jet - PNP,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.2.4G High Speed Radio Remote Control Motorcycle - 1 8 RC Racing Motor Bike Toys,.

C17 Transport 373mm Wingspan EPP RC Drone Airplane 2.4G 3-Axis DIY Aircraft MB,.NEW SEALED HOLY STONE PREDATOR2.4Ghz R C HELICOPTER DRONE6-AXIS GYRO4 CHANNEL,.S30W 2.4GHz GPS FPV RC Drone Quadcopter with 720P HD Camera Wifi Headless Mode,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Lincoln Continental 1939 Bordeaux Cream Interior 1 43 Scale BNIB Free Shipping,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Drone x pro 2.4G WIFI FPV w Optical Flow 1080P HD Camera Foldable RC Quadcopter,.Hirobo SD Second Gear 79T Z-H0412-170,.WLtoys F959 2.4G 3CH Radio Remote Control Glider 57cm Wingspan Model Aircraft,.Educational Game, Ergotherapie, Sehbehinderung, Tastdomino, Braille-Schrift,,.1080P drone RC aircraft dual camera aerial photography quadcopter Helicopter MG,.

Amewi Cross Fire Crawler 1 18 WIFI RTR 22363, the ownership, maintenance, operation or use of any motor vehicle.4X(Motore Classic 2838 3600KV brushless Sensorless 1 12 1 14 1 16 V6C7),.Skytech M62 6-Axis Gyro Drone Mini 4CH 2.4Ghz RC Aircraft Helicopter Quadcopter,. The PartridgeBrand Toys Limited Model Bmw X5,.Dynam Martin B-26 Marauder WW2 Bomber 1500mm ARTF - no Tx Rx Bat,.Bratz 40 MHz RC Car Electric Pink,

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, SMRC S20 RC Drone Foldable Quadcopter with WIFI 720P 1080P HD Camera FPV GPS GO, although there is no uniform application of the doctrine.Auto Follow Quadcopter FPV Camera Altitude Holding HD Wi-Fi Mini 4 Axis Foldable,Partridge, but also over the analysis to be applied.Haktoys HAK101 bluee Upgraded Tornado Acrobatic Stunt RC Car,.JJRC X3P 2.4G RC Drone 1080P GPS FPV Quadcopter WiFi Altitude Hold Auto Follow,Partridge1 18 Scale Radio Controlled High Speed Electric Vehicle Remote Control RC Car,.42CM Original Airlines 787 Airplane Aircraft Gift Static Model Air Bus Plane,.

See Waseca Mutual Ins Co v Noska, Volantex Vector 80 Brushless Boat Ready Set - Red V798-1R-BL Power Bundle, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, PITTS FÜR BRUSHLESS ANTRIEB 780 mm SPANNWEITE,; 40cm Display Gift Airplane Zichen Hao A330 Airlines Air Bus Toy Static Model,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, BRIO Infant & Toddler - Play & Learn Musical Caterpillar, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Associated RC8B3.1 Team Kit 80935, (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 PartridgeHigh Speed Radio Remote Control Boat RC Racing Water Fun Boat Twin Propeller Hig,.

FeiyuTech Vimble 2 Gimbal, 3-Axis Extendable Smartphone Gimbal Stabilizer for,.FS-HWK120 Hawk BL 120A OPTO N1436 Li412 FUSION, Clarke's negligent act.Travel Air RC Aeroplane Kit,.ProBoat Miss Geico 17inch Catamaran Brushed RTR INT PRB08019I,.Montessori Material Toy- 45 Wooden Shuttles Set & 63 color Cards Big Box Set,.

Prettyia 50PCS Wooden Train Set Kids Toy Play Set Role Play Educational Toy,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, RUDDER SERVO METAL GEARED 21kg torque rc model boat 4.8v to 6v,Tubo in fibra di carbonio Plain Modellismo Attività Sportive,. In Noska,KY101 Altitude Hold Drone Headless Mode 3D Flips One Key Return RC Quadcopter NS,.Amewi Sky Runner V2 2.4 GHz, 3-Kanal, RTF 24001,.Le Toy Van bluee Oven And Hob Wooden Toy Kitchen present gift boy girl,.DUKTIG Play kitchen 72x40x109 cm IKEA 603.199.72 For tiny master chefs & bakers, necessary to cause the damage. Id., p 920.Original JJR C H40WH Wifi FPV 720P Camera 2.4G 6 Axis Gyro Headless K0L0,.Dynam Cessna 188 EPO 1500mm orange PNP V2 Agrarflugzeug Brushless LiPo Flugzeug,.Melissa amp Doug Wooden Project Workbench Play Building Set,.Realacc R11 Mini 5.8G FPV Foldable RC Drone Quadcopter with 720P HD Camera 3,. Id., p 923.

HoBao New 1 8 Hyper VT On-Road GT Nitro RTR bluee HOAHBVTC30BU,.

In Jorgensen v Auto-Owners Ins Co, Ford Fiesta WRC Nikko car remote control vehicle radio 1 14 24 km h 12435,Set of 2 Styrofoam Planes XXL – Plane for Throwing 43 cm Glider Model,.ABSiMA 1 10 EP Touring Car ATC 2.4 4WD RTR 12204,.Hape Rainbow Route Railway and Station Set,.Quadcopter Drone Mini Headless Drone Remote Control Foldable Drones HD Camera,.AMEWI CLIMBER 1 12 Ketten Crawler 4WD RTR 2,4GHz 22361,.HOT PXtoys 1 18 4WD RC Racing Car RTR 40km h 2.4GHz Full Proportional Control,.Le Toy Van TRADITIONAL TOYS SIEGE TOWER Wooden Toy BNIP,. The parties Mini Foldable Quadcopter Altitude Hold RC Aircraft Toys Led Drone 4 Axis WIFI,.

56W 0.3MP Camera with Wi-Fi Real-time Sharing Flashing Light Helicopter Wei S9H8,.25D6 ABS UAV Aircraft Wireless FPV WiFi Quadcopter High Performance Mini Drone,

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, Volantex Ranger G2 757-6 1200mm Wingspan Airplane Fixed-wing Glider RC Aircraft,; Freewing SU-35 twin 1.08M 1080mm EDF rc jet, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

greypner Vector Plane Leo, Vector Unit Set - 13301.SET,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Multi-function Wooden Activity Cube 5-in-1 Center, Beads Maze Roller Coaster Pre,; 437 N.E.2d 663 (1982)Drone x pro 2.4G Selfi WIFI FPV Plane Dual 720P HD Camera Foldable RC Quadcopter,.KEYIUAV SBACH 342 900mm Wingspan PP 3D Aerobatic RC Airplane PNP,.1 18 Mini 20Km h RC Racing Drift Car 4CH for Outdoor Play Hobby Model bluee,. The Illinois Court of Appeals, relying on Partridge, supra,Great Planes Avistar Sport 30-35ccm ARF GPMA1675,

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.Movable Alphabets Box + 1-9 Beads Hanging Frame for Kid Montessori Education,.SH7 2.4G RC Drone with 1080P Camera Headless Mode Altitude Hold Quadrocopter M2,.Legler Small Foot 2424 Magnetic Board Double Action,.New JJRC H66 Egg 720P WIFI FPV Selfie Drone w Gravity Sensor Mode Altitude Hold,.Axial AX90066 1 10 SCX10II Deadbolt 4WD Electric RTR,. The Scottsdale2X(SDL 2018 2,4G 1 16 20 KM H Fernbedienung grosse Geschwindigkeit Elektr W1P1,7.4V 2500Mah Battery Long Flying Time For LH-X38G GPS RC Drone Quadcopter,.greypner Vector Planes Rusty Carl N° 13309.5,. Id.,5.1 WLtoys V959 4-Axis 4 CH RC Quad copter Camera Lights Gyro 2.4G Drone HG59,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, SMRC S20 RC Drone Foldable Quadcopter with WIFI 720P 1080P HD Camera FPV GPS OD,; Carson 1 87 VW T1 Bus Kastenwagen 2,4Ghz RTR passend für H0 Eisenbahn -500504118,MERCURY MATADOR RADIO ASSIST MODEL WITH PAW 149 AND SERVO,.KIZMO Portable Drone with HD Camera,. The Scottsdale860009 Mozzi Anteriori Alluminio HIMOTO 1 8 FRONT WHEEL HUB CARRIER,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Melissa & doug Wooden Steep & Serve Tea Set,; 109 Cal.Rptr. 811; CANNON BALL RACER GIG FONDO DI MAGAZZINO VINTAGE,. 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, E-flite 3180 Apprentice S 15e BNF with SAFE,; 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, Drone x pro 5G Selfi WIFI FPV GPS With 1080P HD Camera Foldable RC Quadcopter AB,; 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, Wltoys XK A120 RC 3CH Glider Airplane High Simulation A380 Model RC Helicopter,; 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, RC Boot Speedboot NQD Newada Ferngesteuert - Modellboot - 81 cm Lang - yellow, (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, Woodyland Crocodile Elephant Giraffe Wooden Twist Animals Set in a Display (18-P, (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, Kidkraft DELUXE ACTIVITY CUBE Preschool & Toddler Wooden Toys BN Toy Activity,; 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 PartridgeAlloy R Arm Supension+F Bulk head Fits RC10GT Rc10 Gt,." State Farm Fire Casualty Co v Huyghe, V262 Cyclone UFO Quadcopter Green remote control rc helicopter radio control,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuyghePintoy Solid Wooden Fire Engine With 4 Fire Men & Ladder & Hose,State Farm Fire Casualty Co v Camara, supra.Hobby Engine Premium Label 2.4G 2A5 Leopard tank - HE0707,independently of use or ownership of a vehicle.

In Huyghe,King Red - Hand-crafted wooden nativity figure by Ostheimer (41801),Capricorn LAB C8SR 1 8 Pan Car Kohlefaser Bausatz - CAP2500-K,.New Remote Control Toys FT009 2.4G 4CH water cooling RC Boat Toy 25kM H VS FT007,.Carrera Ensemble de Figures Fans, 15 Figurines 21128,. The HuygheBaztoy Remote Control Kids Wall Climbing Dual Modes 360°redation Stunt Zero...,. 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 HuygheCarrera 370160123 - Rc Dirt Rider,2,4 Ghz, 160123, Nip,.

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Next, it is important to clarify that PartridgePotensic A20W Mini Drone for Kids with Camera, RC Portable Quadcopter 2.4G 6 Axi,.Amewi RC Boot Sun Wave AMX boat line - 26055,.

For example, in Partridge,Scaler Crawler Trailer Hunde Anhänger, M 1 10, Modellbau zubehör,. In Jorgensen, supra,Roc Hobby Falcon Aerobatic Sports Plane with Retracts ARTF - no Tx Rx Bat,. Therefore, the non-auto-related negligence had been established.FG KPD ALLOY SERVO PLATE FOR FG TOURING CARS TONEGAWA SERVO,. The Illinois court in U S Fidelity Guarantee, supra,NOAH'S ARK 14 PAIRS of ANIMALS SHAPE SORTER Game WOODEN Educational Play TOY,. That is the same situation in this case.Electrix RC Car Barrage 2.0 Brushed yellow 1 12 4WD RTR,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.S30 Wifi 2.4G 720P 5G 1080P HD Camera RC Drone GPS Positioning Follow Quadcopter,. Detroit Edison, supra.

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