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 RASTAR - 1 14 scale Rare RC PORSCHE 911 GT3 CUP CAR,.ROBBE COMPACT DUO-POWER 6S EQ CARICABATTERIE LIPO NIMH NICD PB ART. 8506,.KY601S With Gravity Sense FPV 20 Minutes Play Time Dual Battery Version Drone MB,.Remo 1073-SJ 1 10 4CH 4WD 2.4G RC Car Off-Road Crawler Vehicle EU Plug 100V-240V,.
The essential facts are not in dispute.Amewi 1 10 Pritschenanhänger 22311 passend für Amewi Gabelstapler,.Kyosho MINI-Z 1 27 Theatrical Version Initial D Nissan Skyline GT-R R32 V-sp,. At approximately midnight, Clarke drove home in his automobile.NEW 27mhz PCB BOARD FOR SYMA S033 S033G RC HELICOPTER SPARES PARTS,.LC Racing EMB-TCH 1 10th Brushless Tourenwagen Ready to Run,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.RC850-167 - CARROSSERIE 2B4 greenE RC System,.NEW KYOSHO DRONE RACER QUADCOPTER QUAD G-ZERO Dynamic White 2.4Ghz Readyset RTF,.Tamiya Alfa Romeo Gulia Sprint GTA 1 10 M-06 Kit mit Fahrtenregler - 300058486, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Eloka Drone with Camera WIFI FPV Drone with 2MP 720P Wide Angle HD Camera Foldab,.Set 59 greypner RC Ersatzteile Bell 47G Hauptredorblätter rar Neu&ovp Restposten,.ZOP Power 22.2V 3300mAh 35C Lipo Battery XT60 Plug,.51CD Follow Me 4CH 6-Axis Gyro 1080P Drone Gift 2.4Ghz One Key Take Off,.
New Bright 1 12 RC Chargers Corvette Grand Sport,.Air Hogs Saw Blade RC Helicopter orange,.Tamiya - 1 10 LUNCHBOX,.4x Emax ES09MA Metallgetriebe Micro Mini Servo 15g 0,08s 2,6kg Kugellager ES08MA,.Nikko Chevrolet 1 16 Radio Remote Control Racing Toy Car Kids Boy Gift 94115,.
TRX7764R - BOUCHONS D'AMORTISSEUR GTX ALU ANODISES red TRAXXAS,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.43E5 Altitude Hold Dual Cameras Drone HD CAMERA Dual Cameras One Key Return,.4-Axis Carbon Fibre FPV 210mm Quadcopter LH Thredtle GPS Camera Drone Flysky RTF,.KY601S 4 Channel Long Lasting Foldable Arm Remote Control Quadcopter Wz,RC SKY KING HCW 8500 8501 PARTS TRANSMITTER 27.145Mhz SPARE PARTS,.NOVAROSSI 28031 SOTTOTESTA Ø37.80mm TURBO 3.5cc,.
Tamiya 1 10 RC EGRESS 2013,.Radio-controlled Hawker hurricane . Like fun fighter.,.Self Assembly RC Model Kit Mad Bull Radio Control Motor Speed Control by Tamiya,.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.
SHEET GEL POLYURETHANE THERMALLY INSULATED FOR SADDLES MOTO (DOES NOT HEAT),.
Blade Inductrix FPV Pro BNF Drone BLH8570,. We agree in part.
HUBSAN X4 H107C RC Quadcopter W 480P HD Camera Mini Drone, Last Edition UK MI,.Elicottero nitro radiocomandato rc Sab PALA redORE PRINCIPALE Align trex 600 Fbl,.
A motion for summary disposition pursuant to MCR 2.Mercedes-Benz G-Class Slope Minicar Welly 1 24,.Kaiser Baas Theta Drone Quadcopter With Remote Control 720p HD Camera 60m Range,.NEW JJRC H36 DRONE QUAD & PARTS & SPARES RC 2.4GHZ 6 AXIS MINI QUADCOPTER HELI,." Hazel Park v Potter, 169 Mich. App. 714, 718; 7505 2.4G 4CH 6-Axis 720P Drone Funny Gift Drone Performance Quadcopter UAV Toy,.Tamiya Display Model 89542 1 35 Us Army M60A2 Tank,. Pontiac School Dist v Bloomfield Twp, STREET HAWK 2.4HZ QUAD MOTORBIKE RADIO REMOTE CONTROL STREET RACER,; HUBSAN X4 JET BRUSHLESS CARBON RACING DRONE W HT012D TRANSMITTER & VIDEO MONITOR,; 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. . . .
Wedico Roof and Side spoiler for white Actros.,.DJI Mavic Pro Gimbal Camera Assembly 4k Video Replacement Repair Part RC Drone,Tamiya 1 48 A-10A -61028,. Pontiac School Dist, supra.HORIZON Blade Inductrix FPV Plus BNF,.
Holy Stone HS220 FPV RC Quadcopter Drone with Camera Live Video,.
A motion for summary disposition under MCR 2.Kyosho Mini-Z FWD Toyota PRIUS PHV White Pearl Crystal Shine 32423PW RTR Japan,.XXL Schrauben-Set Stahl hochfest Serpent Cobra 977 Viper screw kit,.Airwolf (600) RTF Align T-Rex 550X + Axon Autopilote + greypner Mz 24 Pro,. Fulton v Pontiac General Hosp, LOCOMOTIVA DIESEL MARKLIN HO 3021 V 200006 DEUTSCHE BUNDESBAHN BD METALLO HO,; Not For Sale 1962 Vintage Prince Cars NISSAN PRINCE SKYLINE SPORT Plastic Model,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Rampage XR Rally 1 5 Scale Gas Powered Redcat Racing RC RTR bluee Car,; 207 N.W.2d 316 (1973).
2.4G 4CH RC Explorers Quadcopter 4Axis with 3MP HD Camera X5C-1 Drones PA,. 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.
DRONE Radio Remote RC Control Quadcopter HD Camera Multicopter Headless Gyro NN,
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.]
Schleich 42351 Quad avec Remorque et Ranger,
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 RC Car Special Project 1 10 Mitsubishi Pajero Metal Top Wide 47331,. First, the policy's exclusionary language is not ambiguous.Tamiya 57898 1 10 Expert Built Series Mercedes-Benz G 320 Cabrio (MF-01X),.Tamiya 300058596 Dual Ridge TT-02B,. See Allstate Ins Co v Freeman, supra, pp 665-667.Jamara Electric Board for Extreme XL Helicopter,. We disagree with the trial court's second and third statements.Helicopter Remote Control Syma DoDoeleph S39 RC with Gyro 3.5-Channel Toy Red,.
SYMA Z1 RC Drone mit HD Kamera FPV Echtzeit Hoehe Halten Optischer Fluss Po X4B2,.Traxxas E-Revo 2.0 Brushless VXL-6S TSM - orange TRX86086-4-ORNG,.Amile Drone with Camera 2MP Wide Angle Drone Foldable RC drone Quadcopter Wifi,.JIN XING DA JXD528 GPS RC Drone with 720P HD Camera WIFI FPV RC Quadcopter V4X3,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.CY1585 Huina Tower Crane 2.4G 12Ch,.
Traxxas 77076-4 X-Maxx X MAXX Alloy Aluminum SPUR GEAR ADAPTER RED,.LE-IDEA IDEA7 GPS WI-FI FPV RC Drone with Camera Live Video and GPS One Key Retu,.Wide Selfie Drone HD Camera 2.4G Wifi FPV RC Quadcopter 4CH 6AXIS Helicopter,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Remote Control Car, Baztoy Kids Toys Wall Climbing Cars Dual Modes 360°redation,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Tamiya 1 35 Panther Type G Early Version -35170,.Red F49 RC Radio Remote Control Model Trainer Helicopter MJX 2.4GHz New Boxed UK,.New Rare Tamiya 1 10 R C Corvette C5-R TA04-S Belt Drive 4WD Finish Body,.SG600 FPV F410 RC Drone WiFi 4CH 6-Axis Gyro Fouraxis Aircraft Height Helicopter,.JJRC Q51E 6WD Off-road Model Car Electric Remote Control Toy RC Vehicle Kid Gift,.
Carrera Lane change section (2) -CA20517, the ownership, maintenance, operation or use of any motor vehicle.Parred PF725007 FPV Wireless Headset System -,.TK110HW Portable Foldable Aircraft With WIFI 0.3PM Camera FPV Unreal Image RD A,. The PartridgeNikko RC 1 20 Scale Street Car Renault R.S.01,.Nissan Nismo Skyline GTR Forza Replica RC 4WD Drift Car 1 10 RTR Brand New UK,.BLADE Vortex 230 Mojo BNF Basic,
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, MUGEN SEIKI MRX6R 1 8 4WD Competition Nitro RC Cars On Road Kit H2007, although there is no uniform application of the doctrine.Hubsan X4 Plus H107D+ FPV Drone RC Quadcopter W 720P HD Camera 4.3'' LCD RTF,UK,Partridge, but also over the analysis to be applied.Wltoys K989 1 28 2.4G 4WD Brushed RC Rally Car RTR,.45B7 2.4G 4CH 6-Axis Gyro UAV 2.4G 4CH 6-Axis Gyro Drone,PartridgeAir Hogs DR1 FPV Race Drone Racing,.TRAXXAS Slash RTR TQ 2.4GHz Short Course + iD Akku, iD Ladegerät - 58034-1,.
See Waseca Mutual Ins Co v Noska, Kyosho 32143W-B Mini-Z AWD MA-020S Subaru WRX STI WR White RS, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Attop XT-1 Altitude Hold Mode Foldable Headless 3D Flip Roll RC Quadcopter NZ,; RC Helicopter Drone V915 4CH 2.4G Brushed 6 Axis Gyro RTF In and Outdoor large,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Simprop Record or SG Futura Chassis Radio Pate 1 8 NEW - Rare Vintage RC Car, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, TRAXXAS 6818 Carrozzeria SLASH 4x4 GREG ADLER Verniciata BODY TRAXXAS SLASH, (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 Partridge2.4G 4CH 6Axis RC FPV Drone Wifi 2.0MP HD Camera Altitude Hold Quadcopter UK,.
TREX 700 E RIGHT HAND SIDE CARBON FIBRE MAIN FRAME,.120mm novice Indoor Outdoor FPV quadcopter frame for cc3d naze32 SP racing dji, Clarke's negligent act.5xDrone Parred Minidrones Mars neuf,.TRICICLO RIVER blue - ODG - 8056045598028,.Hubsan H117S Zino GPS 5.8G 1KM Foldable Arm FPV with 4K UHD Camera 3-Axis DRONE,.
Air Hogs DR1 - Ultimate Indoor Remote Control Micro Racing Drone Red NEW SEALED,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, 52A6 2.4G 4CH 6-Axis 720P UAV Toy RC Drone Beginning Ability Quadcopter,Italeri 1 35 Sd.Kfz.184 Panzerjaeger Elefant - -211 -211,. In Noska,Tamiya 1 10 XB Series HONDA NSX TT-02 chassis Complete Model RC Drive Set 57899,.Radio Controlled Airhogs TB2 Airhogs,.Tamiya 1 14 RC Grand Hauler King unassembled transmission semi Globeliner GH20,.Traxxas Ford GT bluee TRX83056-bluee, necessary to cause the damage. Id., p 920.Tamiya tt02 alfa 155 brushless,.LOKOMOTIVE DAMPF IN METALL MARKLIN 44690 MIT TENDER GN 809 ICH TANK-LOKOMOTIVE,.Michelin XL 14R20 Hohlreifen Maßstab 1 8,.Tamiya Dark Impact - DF-03,. Id., p 923.
D387 2.4G 4CH 6-Axis 720P Quadcopter Funny Wifi HD Camera Drone Outdoor FPV,.
In Jorgensen v Auto-Owners Ins Co, Kyosho MINI-Z Initial D 3 Car Complete Set RX-7 SPRINTER TRUENO SAVANNA F S EMS,Tamiya 300056348 1-14 Mercedes Benz Actros 3363 6x4 Gigaspace Unpainted,.Hubsan H501A X4 FPV RC Quadcopter APP Driven Drone W 1080P CAM GPS RTH RTF UK,.Jjrc Q65 1 10 Rc 2.4G 4Wd Congreenible Remote Control Light Four-Wheel Drive A2H2,.MIK4881 Mikado Motor Counterbearing w Main Shaft Support (6mm),.JJRC H49WH WIFI FPV Ultraduenne Faltbare Selfie Drone RC Quadrocopter RTF R7K1,.Tamiya RC Comical Grashopper (WR-02CB) Bausatz 1 10,.Hirobo SDX Parts Lot W Booms, Gears, Fins, Head Components, Frames & More,. The parties SERVOSTEUERUNG DIGITAL LENKUNG WATERPROOF TRAXXAS 2075 FUTABA HIGH TORQUE SERVO,.
TYCO RC FERRARI FORMULA CAR,.TRX8169 - ANNEAUX 1,9 ALUMINIUM SATIN (x4) TRAXXAS,
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, Traxxas Slash 4x4 Ultimate Brushless Pro TSM - Green TRX68077-4-GRN,; JAGUAR SS100Z DAGICA CA.1970 1 10 SCALE MIT FERNSTEUERUNG UND ORIGINALSCHACHTEL, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
RC Car 4WD Drift Racing Car Radio Remote Control Vehicle Christmas Present Gift,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Remote Control Car Glow Racing Car Kit Rechargeable Outdoor Racing Toys for Kids,; 437 N.E.2d 663 (1982)ZD Racing 9116-V3 1 8 Electric Drift 4WD Car Frame DIY Kit 100km h RC Car ,.Wltoys V686G 2.4G 4CH 2MP HD Camera Headless Mode FPV Drone UFO Quadcopter G1V0,.Tamiya 58354 The Mighty FROG 2005 1 10 Assembly Kit Free Shipping from Japan,. The Illinois Court of Appeals, relying on Partridge, supra,DJI-ZH32D-P16 DJI H3-2D Vibration Absorbing Plate (Maxon Motor) (Part 16),
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.JADA R C LYKAN HYPERSPORT FAST & FURIOUS 1 16 SCALE RADIO CONTROL,.KY601S 20mins Foldable RC Drone Quadcopter 6-axis Aircraft with 2 batteries BXI,.TRX36054-1-RED - STAMPEDE - 4x2 - red - 1 10 BRUSHED TQ 2.4GHZ - iD TRAXXAS,.DNHP500030 ANGOLARE DI RINFORZO BASE CARRELLO,.Tamiya 84431 Porsche Type 934 Jagermeister 40 Years Anniversary (TA02SW) (NIB),. The ScottsdaleX-CELL 50 555 mm WOODEN MAIN redOR BLADES 14 mm ROOT 4 mm HOLE,HSP 94763 1 8 RC Car Racing Vehicle Superior Version GP 21CXP Engine Rally,.5.8G 3D-Flip Headless Mode One-Key Return Anti-Crush RC Quadcopter RTF Drone,. Id.,Tamiya 58657 Land Rover Defender 90 - CC01 Radio Controlled Vehicle 1 10 Scale,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Tamiya 84228 1 10 RC HKS OPEL VECTRA JTCC(FF-03 CHASSIS),; Kyosho Mini-Z FWD MAZDA Demio XD Touring Soul Red Metallic 32422R Ready Set RTR,RC Drone Quadcopter With 600TVL HD Camera WIFI 4-Axis Walkera Rodeo 110 5.8GHz,.LOCOMOTIVA VAPORE VAGONE MILITARE MIMETICO LIMA H0 ALCO 1930,. The ScottsdaleLauterbacher Stahl-Zahnrad mit 46 Zähnen für Lauterbacher L 3 Giga-Cross,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, JAMARA 404582 - Porsche 918 Spyder Race 1 14 bianco 40 MHz,; 109 Cal.Rptr. 811; Jada 1 10 Scale 2.4GHz R C Radio Control 99701 Brian's Nissan Skyline GT-R BNR34,. 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, Justice League Action Twin Blast Batman & Batmobile A,; 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, Kidz Delight – Kit of Mobile and Keys Cefa Toys 00429,; 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, KY601S 20mins Foldable RC Drone Quadcopter 6-axis Aircraft with 3 batteries BDK,; 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, FrSky G-RX8 2.4GHz 8 16CH ACCST Telemetry Receiver, (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, Horizon Hobby Blade® Fusion™ 270 BNF® Basic Hubschrauber Top-Performance BLH5350, (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, C5C9 2.4G 4CH 6-Axis HD 720P Drone Gift 2.0MP Drone Wireless APP Remote,; 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 PartridgeWltoys A232 1 24 2.4G 4WD Brushed RC Car Short Course RTR,." State Farm Fire Casualty Co v Huyghe, Aerial WIFI Real-Time Transmission Camera Quadcopter With FPV Camera FU,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheTamiya 935-78 Turbo Motor Rise Kit Ss 2410 Ogatada Palace 1 24 Martini Porsche,State Farm Fire Casualty Co v Camara, supra.Team Associated RC10B64 Club Racer Kit Brushless Servo Included ASC90016,independently of use or ownership of a vehicle.
In Huyghe,Traxxas Stampede VXL 2015 mit TQ-Wireless,Bell UH-1B Rescue GFK Rumpf für 450 Heli zB. T-Rex Klone fuselage heliartist,.Vintage TAMIYA BODY KIT SP1092 for R C 58011 Radio controlled FERRARI 312T3,.Venom -VENF-7673 Circuit Board Set-Nr2,. The Huyghegreypner Copterarm 4 Stk. 16520.5,. 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 HuygheTeam Associated RC-18T RC-18B Latrax Teton Lithium Powered Hitec HS-65MG SC-18,.
Tamiya XB Expert Built Pro, 1 10 Honda Integra Type R Mugen RC car,,.Traxxas 5815X Body, Ford Raptor, white Brand NEW,.
TRX3741X - BIELLETTES DE CARROSSAGE ALU AV 39MM ARR 49MM redS A PAS INVERSE TR,.2 Batteries SYMA X5A-1 Explorer RC Drone Helicopter 2.4G 4CH 6Axis Gyro Aircraft,. Nonetheless, on the facts of Drone R C FPV-VR Quadrocopter, Vidio+Foto, Kamera Wifi + VR Brille NEU,.
Next, it is important to clarify that PartridgeOXY3-223 OXY Heli Oxy 3 Speed Canopy (orange),.XQ Toys 1 18 Scale Radio Control Model Car 3708 - Ferrari FXX K - Red,.
For example, in Partridge,REDPAWZ H36 MINI Drone 2.4G 4CH 6Axis Gyro Headless Mode CF Mode One Key Return,. In Jorgensen, supra,Traxxas 5541X Tuned pipe, Resonator, R.O.A.R. legal, bluee-anodized Brand NEW,. Therefore, the non-auto-related negligence had been established.BF4F Hot New Original Syma X8W Drone FPV RC Quadcopter UFO 6Axis HD +2MP Camera,. The Illinois court in U S Fidelity Guarantee, supra,Traxxas E-Revo 2.0 Brushless VXL-6S TSM - Green,. That is the same situation in this case.Rare Nikko RC Invader Off Road Racing Vehicle IOB,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.BW2800W MAIN BLADES 800mm Goblin (white color),. Detroit Edison, supra.
RTR Integy Everest 10 Crawler Roll Cage,.Ersatz Planetengetriebe Veroma Art. 18302,.KY601S With 1080W Camera Gravity Sense 20 Min. Play Time Dual Battery Drone NZ,.
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