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 Vintage Meccano electric motor boxed ✨✨✨✨,.Lot of 6 vintage Cherilea American Combat Troops Figure Lead Metal Toy Soldiers,.IMAGINEXT - TEEN TITANS GO - 2017 - BNIP - UK SELLER,.Vintage German Swirl Ribbon Marble Handmade R8205,.
The essential facts are not in dispute.My Little Pony® The Movie Magic of Everypony Roundup Mini Figure Collection 3+,.Fiesta Crafts Boy Moving Mouth Hand Puppet,. At approximately midnight, Clarke drove home in his automobile.Folkmanis hand puppet blok end sheep 3058,.Rare Vintage Tin Drumming America Indian TN Japan 1960s Battery Operated Tin Toy,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Smurfs 20197 Thanksgiving Corn Smurf Indian Rare Vintage Figure Toy PVC Figurine,.SUPER PIN COLLECTION 5 ENAMEL ANIME PINS RANMA 1 2 P-CHAN VINTAGE TAKAHASHI,.Playmobil 3305 Horse Trainer And Ruder Made 1990, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Dreamworks Spirit Riding Free Doll And Classic Horse Abigail And Boomerang Set,.Shopkins Lost Edition Target Exclusive - 24 Mystery Shopkins Sealed Moose Toys,.Haji MERCEDES 230 SL JAPAN WITH FRICTION TIN TOY 230 SL Mercedes Car,.Bad Toy Showa Retro Tin Racing Car 3 Pieces,.
Vintage original Yonezawa tinplate Mighty Robot Japanese VNM Boxed,.Vintage 1985 Son Ai Toys MAGIC TURBO RACER 9 in 1 Battery Operated Car Boxed,.My Arcade Dig Dug Micro Player Retro Arcade Game T19,.Garfield 10 Year Plush Cat Year of the Party Stuffed Animal 1981 with Medallion,.Vintage Marx blueE & GREY Playset - Falling Dark Grey Confereate Horse and Rider,.
PISTON ROBOT ROBBY ROBOT TIN TOY WIND UP NOMURA ALPS YOSHIYA HORIKAWA TAKATOKU,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.1974 MEGO Wizard of Oz- 8” Cowardly Lion Figure,.Hasbro Trolls B7356EL2 Figure DJ Suki Doll,.Tin Toy SCHUCO Varianto 3010 Super - 2 ELEKTRO AUTOS - Made U.S.Zone W.Germany,HANDMADE GLASS MARBLE 1.669 -WOODGRAIN & goldENROD-HUGE BOULDER-CREAM,MOCHA,BLK+,.Dragon ball Z Tenshinhan Figure used japan,.
Digabi 30PCS Realistic Animals Finger Puppets Playset Soft Vinyl Rubber Animal,.1880's France Maltete et Parent Gun Ship Wind-up 22.5 Long Extremely Rare,.Bing DTB88 Charlie plush toy,.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.
Prewar Lineol composition soldier standing with Lineol tin flag 1930ies,.
Two Antique wooden puppets.1890 s Punch and Judy policemen puppets.big heads.,. We agree in part.
ANTIQUE GERMAN HANDMADE GLASS MARBLE .660 WHITE LATTICINIO-ROYAL,NAVY blueE,LIME+,.DIAPOLON BULLMARK DAIAPOLON VINTAGE JAPAN BELLISSIMO ,.
A motion for summary disposition pursuant to MCR 2.Vintage 1982 CHUG-A-BOUTS RACE WAY PLay Set AGES 3+ MERITUS HONG KONG RARE ,.TiTiPo Train Friends Series TiTiPo,.IYoYo Air Dive Off String Yo-Yo (White),." Hazel Park v Potter, 169 Mich. App. 714, 718; Vintage Bergen Toy Co. Glossy Ponies Colts set of 5 figures,.Red AkaNinger Shuriken (TV Asahi Omatsuri Festival Version) (Sentai Ninninger),. Pontiac School Dist v Bloomfield Twp, DRAGONBALL MATCH MAKERS MAJUNIOR PVC FIGURE BRAND NEW FREE SHIPPING,; Arnold Candidat Car Box ,; 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. . . .
Vintage Tin Plate Push Friction Toy - Great Flying Boat - No. MF742 - RARE,.1950's Vtg Marx Colonial Dollhouse 4018 tin metal w furniture Parts Restoration,24 IN Gemmy Easter Greeter star wars DARTH VADER plush now,. Pontiac School Dist, supra.Vtg.GAMA WEST GERMANY-TETHERED TIN ARMY TANK W MUZZLE FLASH BATTERY OPERATED,.
Fine Voss Egg Yellow Margarine H-85 Bus Car Tin Car Adgreenising Tin Toy,.
A motion for summary disposition under MCR 2.Vintage Cyborg Muton Toy Figure Amaluk Outfit Denys Fisher Neo Henshin Takara,.PELHAM PUPPET HAND MADE IN ORIGINAL BOX - GIRL BLONDE HAIR,.New In Box J&P Coats 'Happy Charlie Brown' Peanuts 50th Anniv. Latch Hook Kit,. Fulton v Pontiac General Hosp, Peppa Pig Bundle House School Case Books Bag And Figures,; Vintage Meccano Airport Service set 4 and also 3 models books. 1, 2 3, 4 5 6,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, THOMAS & FRIENDS. DARING DERAIL SET,; 207 N.W.2d 316 (1973).
Thomas the train wooden Sodor Water Works w collector cd LC99190 2006 NIB 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.
Fisher-Price Laugh & Learn Sweet Manners Tea Set Baby toddler educational 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.]
Vintage 1980s Plush Toy Dog Puppet Wrinkles Ganz Girl In Floral Dress,
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.
Puppy Dog Pals Dog House Bingo and Rolly Playset 3+ Years New Genuine Free P&P,. First, the policy's exclusionary language is not ambiguous.Vintage Louis Marx Figures And Parts With Horses Lot,.Vintage 1991 The Little Mermaid Shrinky Dinks Collectible Figures Kit Sealed New,. See Allstate Ins Co v Freeman, supra, pp 665-667.Very good old Marklin spanner,. We disagree with the trial court's second and third statements.Al Q-Del Melty Blood Act Cadenza Extra Summer Beach Figure,.
Fiesta Crafts Red Riding Hood Hand and Finger Puppet Set,.MARIONNETTE A FIL BIRMANE BURMA PUPETT,.SPONGEBOB MASHEMS SERIES 2 BLIND CAPSULE LOT (10) SHIPS FAST,.L@@K RARE VINTAGE BOXED MB ELECTROICS SUPER SIMON HANDHELD GAME VGC 80S 1980,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Puppet Company Handpuppe großer Papagei Kakadu pinkkakadu ca. 45cm,.
Rare Boxed Tronica Space Mission Vintage 1982 LCD Handheld Electronic Game - VGC,.Denys Fisher Henshin Cyborg Weapons,.ACTION TOYS VINYL COLLECTION UFO SENSHI DIAPOLON DAIAPOLON NEW,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Large 14 Odie Dog Plush Stuffed Animal from Garfield. Licensed Toy. NEW.,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.SAMMY HOGUE HANDMADE GLASS MARBLE 1.210 -LOBED PEPPERMINT W MINT-ROYAL,gold LUTZ,.INFINITY 0762 Yadu Troops (Aleph) FACTORY SEALED,.Meccano set No 6 1950's,.THOMAS THE TANK ENGINE & FRIENDS COAL HOPPER FIGURE 8 SET BNIB,.Rarissimo treno in latta litografato con passegeri japan toyland trolley ottimo,.
Rare SCOOBY DOO 15 Inch TALKING Plush Doll 1998 Cartoon Network Equity Toys 90s, the ownership, maintenance, operation or use of any motor vehicle.Pgoldro Super Carrier Car Toy Korean TV Animation - Friction Powered Car,.Unique Lightening Bolt Blended Opal Tri Multi color Vintge Peltier Glass Marble,. The PartridgePrewar ELASTOLIN LINEOL german Luftwaffe musician soldier with helikon horn,.HANDMADE GLASS MARBLE 1.872 -T SHAPED RIBBON CORE TRIPLE-RARE T SHAPE-4 FINS-,.AKIRA FUDO MOTORCYCLE DIE-CAST GnK-01 CHOGOKING MOTO DEVILMAN NEW NO POPY,
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, VINTAGE 1978 NASTA MARVEL THE AMAZING SPIDER-MAN KEY CASE BRAND NEW, although there is no uniform application of the doctrine.VINTAGE GERMAN DBGM1884228 INTERPOL SPECIAL TOY GUN IDEAL MODEL,Partridge, but also over the analysis to be applied.Vintage Holzpferd Schaukelpferd Karussellpferd Pferd 44 cm,.Pokemon Center 13inches Spheal Stuffed Plush Figures Toys Pillow,PartridgeD.A.S. marbles 2 POUNDS The Southpaw run by Dave McCullough,.Hand puppet Nino 65 cm W250 of Living Puppets,.
See Waseca Mutual Ins Co v Noska, Gemmy animated 90s dancing hamster Hombre, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Schuco Varianto 3042 Lasto red mit Schlüssel, Wire & Kreuzung ,; Pokemon All Nippon Airways Tin Plane,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, WWF Rare Camo Carnage Special Edition Chyna Action Figure By Jakks 1999 NEW t717, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Trudi Hand Puppet (30 cm, Owl Wizard), (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 Varianto Elektro no. 3118 Station Car W. Germany,.
YAKELUS 10pcs Russian Nesting Dolls Matryoshka handmade1084,.Pokemon Center Original two-stage lunch box mix I, Clarke's negligent act.Beyblade Burst Evolution Star Storm Battle Arena Stadium Set,.STEVEN MASLACH HANDMADE GLASS MARBLE .891 -TWISTED RIBBON CORE-purple LUTZ,PINK,.Vintage Corgi Rc Honda Superbike,.
Puppet Company Handpuppe Kasper Hanswurst ca. 50cm groß,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, The Puppet Company - Full Bodied Animals - Cow,Vintage 1940 LITTLE COUNTRY DOCTOR Play Set Transogram Co. COLLECTIBLE TOY,. In Noska,THOMAS THE TRAIN WOODEN SODOR - MUFFLE MOUNTAIN - LEARNING CURVE - BRIO - NICE ,.Meccano Meccanoid G15 Robotor Bausatz 61cm Smartphone Tablet blueetooth 6024907,.Large Lot of 20 Vintage Shooter Marbles, Yellow, orange, Swirl, Chocolate,.Smurfs 40207 Angler Super Smurf Fishing Figure Vintage Toy Lot PVC Figurine Peyo, necessary to cause the damage. Id., p 920.Snoopy Musical Charlie Brown Peanuts Character Dog Light Sound 2011 Gemmy,.Peppa Tree House with Peppa Figure Playset Toy by Character Options NEW,.VINTAGE LEAD MINIATURE AMERICAN REVOLUTION FIELD COMMANDER SOLDIER,.2X Pokemon 6'' Mudkip From 15'' Mega Swampert Stuffed Animal Plush Soft Toy Game,. Id., p 923.
VINTAGE BATTERY OPERATED MYSTERY ACTION FORTY NINER LOCOMOTIVE TIN TRAIN,.
In Jorgensen v Auto-Owners Ins Co, Pokemon center original Mini tote bag Knitted Pikachu,Ethnic Puppet Afro boy Dwayne 26 Ventriloquist.Play,.Moving mouth and arm,.Vintage 50s Air Command Jeep USA. KKS Komoda Shorten Tin Litho Toy W Box Japan,.HASBRO® A9382 STAR WARS™ Rebels™ AT-AT™ Driver (SL18),.Akro Agate Imperial Triple Opposed Helix Corkscrew Twist .636 ,.4 VINTAGE 1999 CLANGERS MOTHER MAJOR SMALL TINY ALL MAKE NOISES ALL IN VGC,.Gogo Dino Sound 'VIKI' DX Pink Dinosaur Transformer Submarine Robot Toy Korea TV,.FERGUSON HANDMADE GLASS MARBLE .933 -FIRE & ICE FERGUSON-blueE& gold LUTZ,SALMON+,. The parties Rare Vintage 1960s Shudo Japan Tin Friction Santa Fe Toy Train 14 Long,.
Pokemon Center Original Plush Doll Hen METAMON Pichu Japan Japan,.VTG 1950s Alps Japan Battery Op Mary's Little Lamb walking tin Toy RARE WORKS,
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, Multi-Level Solid Core Marble 17mm (21 32”),; Doraemon Shogakkan First Grade Tin Toy, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
Peppa Pig 05060 Grandpa Pig's Bath Time Boat,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, 1960's JAPAN SAN FRANCISCO CABLE CAR-RTE 512-BAY AND TAYLOR-POWELL & MASON Sts.,; 437 N.E.2d 663 (1982)Vintage 1940 Hi-Score Marble Game Tin Target Shoot Metal Lithograph with 4 Cups,.Vintage Marx, Auburn, Timme, Lido Zoo Animals 10 pieces,.Louis Marx Harry Byrd US Combat Soldier near Mint box 4 (0525) Warriors World.,. The Illinois Court of Appeals, relying on Partridge, supra,Paw Patrol Skyes High Flyin Copter Works with Paw Patroller Extendable Wings New,
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.Despicable Me Plush Kyle Gru's Dog & Minion & Gru Lot Stuffed Animals Mayhem,.Lot of 8 Vintage MMPR Power Rangers Posters Pictures Signs Green bluee Small Big,.Antique Tin Little Folks Cash Register Humpty Dumpty Old King Cole New York US,.Boxed SystemA Helicopter Action Vintage 80's 90's LCD Handheld Game - Mint.,.VINTAGE SET OF 4 LEAD TOY SOLDIERS WITH RIFLES & RIMMED HELMETS 2.5 INCHES TALL,. The ScottsdalePokemon Eevee Exclusive 6.5-Inch Plush [Standard Size],Tin plate Land Rover barn garage find,.Jumbo Nesoberi Plush Rem Yellow Sapphire Re Zero Sega,. Id.,Remote Control Cgoldna Sedan, Battery Operated, Modern Toys,,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, LE RÊVE D'UNE ECOLIERE Cougreenure de partition originale entoilée BARBIZET,; Arianrhod RPG 2E rule book role-playing game,RARE Vintage Mattel HOWDY The TALKING PONY Plush Ride Cowboy SEE N SAY Sound,.Peltier Glass Rainbo, MCS Multi-color Swirl Marble Very Rare 23 32 .725 ,. The ScottsdalePorsche 356 Cabrio yellow - Mechanical Tin Toy,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, JUPITER ROBOT YOSHIYA KO ROBBY ROBOT NOMURA HORIKAWA OSAKA TIN TOY ALPS,; 109 Cal.Rptr. 811; 1960's VINTAGE OLD ROMANIAN AMT SAND PAIL TIN TOY,. 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, Toy Story Woody Car Out Accessory Item 20cm + 35cm Two Size Doll Kidult Toy Set,; 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, Super Grobi Handpuppe Sesamstrasse 75 cm Plüsch Figur Kuscheltier,; 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, VINTAGE RARE CZECHOSLOVAKIA LITHO TIN MECHANICAL WIND UP TOY MILITARY TANK IGRA ,; 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, Infinity TX10 Yo-Yo - Professional Metal YoYo with String - Pro Yo-Yo, (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, DreamWorks Trolls POD'ular Troll Tree, (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, Linda fairylite Noddy & Big Ears Enid Blyton Puppets PAIR 1960s Boxed,; 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 PartridgeMALIFAUX An Oni's Wrath WYR20723 NEW FACTORY SEALED M2E,." State Farm Fire Casualty Co v Huyghe, Harry Potter - Professor Quirrell Pop Vinyl 2018 New York Fall Convention Exclu,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheVintage Iron DISTLER Key for Tinplate Toys 3mm Square - Germany - ref.k857,State Farm Fire Casualty Co v Camara, supra.Beyblade Burst B-127 Starter Super Valky Valkyrie. Z.Ev,independently of use or ownership of a vehicle.
In Huyghe,NEW Finding Dory Whispering Waves Bailey Plush Talking Beluga Stuffed Whale Nemo,3a- TOY MARBLES LOT MANY COLORS ALL LOOK NICE GENTLY USED30 CAT EYES,.Bundle joblot Secret Life of Pets soft plush figure toy Max Duke Gidget Mel Chlo,.PHILLIPP NIEDERMEIER PN -320 FRICTION DRIVE CAR,. The HuygheVintage 1986 Alf alien life form Plush By Alien Productions & Coleco Industries,. 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 HuygheRudolph Misfit Toys I Am Not A Misfit Figure NIB,.
MARX REVERSIBLE DIESEL ELECTRIC TRACTOR Vintage Battery Operated Toy 1950's,.King Yo Star Rapid Light Yo-Yo - Red Yellow Splash,.
Folkmanis 3063 Collared Lizard Puppet,.MECCANO No.167 GEARED ROLLER BEARING SET WITH 167c LARGE TOOTHED PINION,. Nonetheless, on the facts of Vintage Langcraft Motor Counter Top Display,.
Next, it is important to clarify that PartridgeVintage Hand Made Caged Swirl Latticino Marble Toy Game Glass Art,.1997 Hap-P-Kid Wang Kwong Fighting Toy Robot Fully Functional with all Weapons,.
For example, in Partridge,Little Buddy USA Super Mario Series 11 Large 1UP Green Mushroom Pillow Plush,. In Jorgensen, supra,Smurfs 20223 Pilot Papa Smurf Airplane Rare Vintage 1985 Figure PVC Toy Schleich,. Therefore, the non-auto-related negligence had been established.Green Toys Tool Set Pink,. The Illinois court in U S Fidelity Guarantee, supra,Paw Patrol Light & Sound Look-Out Tower Night Light Marshall, Chase, Skye,. That is the same situation in this case.MEGALOMAN - MINI RUBBER FIGURE SET FINE ANNI 70 MARK JAPAN MOVIE,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Three Dimensional Space System Vintage Hornby 3.D.S Hypergates FACTORY SEALED,. Detroit Edison, supra.
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