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 RC Tamiya Manual Can Am Lola 58021, RA1221 RARE USED 1980,.HASAKEE H1 FPV RC Drone with HD Live Video Wifi Camera and Headless Mode 2.4GHz,.Remote Control Highspeed Off-Road Car Model Scale 1 16,.Tamiya 58211 M-03 Rover Mini Cooper Kit,.
The essential facts are not in dispute.Tamiya 58560 FERRARI 458 CHALLENGE TT-02 1 10 Assembly Kit,.Kidirace RC Remote Control Police Car for Kids, Rechargeable, Durable and...,. At approximately midnight, Clarke drove home in his automobile.RASTAR RC Car 1 14 Scale Ferrari LaFerrari Radio Remote Control R C Toy Car,.FPVRC Cheerson CX-10 Mini RC Quadcopter 2.4G 4CH 6 Axis Gyro Nano Drone with 360,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.YOKOMO SD-SPORT Touring 1 10 Electric RC Chassis,.D450 X5SW-1 2.4Ghz 4 Axis Quadcopter Drone Real WIFI Camera Headless 2MP FPV RC,.Tamiya 1 10 RC SUZUKI JIMNY SJ30 Wheelie WR02 -Ready To Run-, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
SABH0959-S SAB Goblin Boom (Yellow) (500 Sport 2018),.RC Car Radio Controlled Toys For Kids Boys Off Road RTR Racing Remote Control,.Subaru WRX STI WRX S4 XV IMPREZA LED Rear Fog Lamp,.KALT BARON 20 MAIN redOR SHAFT ASSEMBLY C W BEARINGS,.
DRONE QUADRICOTTERO RADICOMANDATO WIFI HC632 CAMERA HD 2.0MPX VIDEO FOTO LED USB,.RC Align TRex 450 Helicopter XL Canopy 3K Carbon Pattern (1) HS1084T,.Rewell remote control video quad x spy drone,.JINGDATOYS JD-20S WIFI FPV 720P Wide-Angle Camera Drone Altitude Hold Z3D9,.NIKKO REMOTE CARS JOB LOT SUPER DRAGON FULLY WORKING AND MORE READ FURTHER,.
Hubsan H109S X4 Pro FPV Drone GPS, 1080P Camera, 1 Gyro Gimbal,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.MJX B3 Bugs 3 Brushless Motor Fast RC Racing Camera Drone RTF 2.4G Quadcopter,.Rc Hummer 1 8 scale kyosho,.ESTES Ominus Hi-Performance Quadcopter Drone - Lipo Battery & USB Charger RTF,SPIRE-TECH ST-631 RC Car 2.4GHz Transformers Style Remote Control Car with One,.D33E Brushless 2.4Ghz GPS 4CH 6-Axis Gyro RC Drone Toys Gift One Key Return,.
Testers RC Galaxy IV Hovercraft 1975 RARE 4 Star wars,.Amewi BUZZARD 4-Kanal Single-redor Hubschrauber 2,4Ghr RTF - 25137,.S9W WIFI FPV 0.3MP Camera Mini Foldable Drone Atitude Hold Mode RC Quadcopter NX,.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.
TAMIYA 1 10 RC Car Series No.405 Toyota Land Cruiser 40 F S EMS Japan,.
XK K100 6CH 3D 6G System Mini RC Helicopter Drone with Built in Gyro RTF NI,. We agree in part.
Tamiya 1 10 Mercedes AMG GT3 - TT02,.3X(Original JJRC 720P WIFI Camera Board Selfie RC Drone Spare Parts for JJ P1J8),.
A motion for summary disposition pursuant to MCR 2.7440 2.4G 4CH 6-Axis Gyro 480P Quadcopter Gift Wide Angle Lens RC Drone,.40MINS Flight Time Drone, JJRC H68 RC Drone with 720P HD Camera Live Video FPV 2,.Quanum Nova FPV GPS Waypoint QuadCopter w out Battery (Mode 2) (Ready to Fly),." Hazel Park v Potter, 169 Mich. App. 714, 718; Tamiya 1 10 TA06 Petronas Syntium Mercedes-Benz SLS AMG GT3 RC Cars Kit,.VINTAGE SPOTLIGHT TANK ATV VEHICLE 1970's BATTERY OPERATED USSR SOVIET ERA,. Pontiac School Dist v Bloomfield Twp, Boscam HD10 Thumbcam FPV Cam 5.0MP,; Ball Shaped Foldable RC Drone WIFI HD Camera G-Sensor Height Hold Quadcopter Toy,; 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. . . .
TRAXXAS 2085X Servo HT X-MAXX Servo DIGITAL HIGH-TORQUE,.2.4G RC Alloy Helicopter Airplane Toy w 0.3MP Camera LED Light Stripes,Original JJR C H47 720P Camera WIFI FPV Drone Altitude Hold G-sensor D5R1,. Pontiac School Dist, supra.Kyosho greypner Beetle Mr. Wheelie 1 12 Modellauto Reinschauen ,.
Heli-Max HMXE0847 230Si Quadcopter RTF,.
A motion for summary disposition under MCR 2.Ricambi elicottero nitro telecomandato rc capottina canopy di Gaui x4 flybarless,.A52B 2.4G 4CH 6-Axis 720P Quadcopter Cool Gift HD 2 Camera Drone Outdoor UAV,.Large 1 10 RC Cars 4WD Shaft Drive 2.4GHz 40KM H RC Car Toy With Remote Control,. Fulton v Pontiac General Hosp, EMAX Hawk 5 Quadcopter 210mm Racing BNF Carbon Fibre HD Camera (Frsky XM+) New B,; MJX Bug 3 Pro (B3PRO) 5G WiFi Camera FPV RC Drone RTF Headless One Key Return,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Tamiya blitzer beetle 1 10 off road,; 207 N.W.2d 316 (1973).
SGILE Mini Nano Drone, Newest 2.4Ghz 6-Axis Gyro Remote Control Quadcopter Airpl,. 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.
Tamiya Skyline GT-R R33 - TT-02D,
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.]
Traxxas 85076-4 Unlimited Desert Racer (RTR) BNIB,
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.
Jamara BMW M3 Sport 1 14 black 40MHz - 403071,. First, the policy's exclusionary language is not ambiguous.Parred Mambo MiniDrone - Cannon Grabber Enabled Quadcopter,.SNW107A41131A - Sanwa 4-channel RX-471W FH4 Water Proof Receiver,. See Allstate Ins Co v Freeman, supra, pp 665-667.Rare New In Box Fast Lane RC JEEP GRAND CHEROKEE RC 9.6V,. We disagree with the trial court's second and third statements.KY101S Altitude Hold Drone Headless Mode One Key Return RC Quadcopter 20Mins Fm,.
Horizon Hobby Inductrix Beginner EDF Drone (Ready To Fly),.USA SELLER OPTIMUS PRIME Transformer RC Remote Control Deformation Robot Car,.TREX 600 STD MAIN & TAIL DRIVE GEARS 0.6M C W ONE-WAY BEARING,.Muldenkipper Fliegl Stone Master RTR NEU,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.TRAXXAS TRX-4 SPORT TQI 2.4 CHANNEL RADIO, NO BATTERY & CHARGER - 39-82024-4,.
Tamiya 1 64 Collectors Club No.18 Nissan Skyline Gt-r V-spec Ii R34 Die-cas,.AG-03 Altitude Hold Drone Headless Mode 3D Flips Foldable Battle RC Quadcopter l,.Tamiya 58634 1 10 NSX TT-02 4WD Shaftdrive On-Road Kit,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, RTF Drone Racer Realacc TCR-220 Frame + Transmitter and Big BUNDLE,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.2X(JJRC H20 Fernbedienung Headless Modus 1 Schluessel Return Mini Drohnen S D5F5,.Nikko 9007 Vaporizr 2 RC Car,.TRAXXAS 8256R Uprights Rear Rossi,.1B04 Drone 2 Camera Quadcopter GSS 2.4G 4CH 6-Axis 720P UAV,.HUBSAN Kids H107D+ Second Generation X4 FPV Quad FPV Radio Video Transmission,.
Vintage Alpha RCX Radio Controlled Car 2 Channels 5 Function Red Complete Box, the ownership, maintenance, operation or use of any motor vehicle.TITAN X50 TAIL redOR GEARBOX ASSEMBLY FOR BELT DRIVE,.TRAXXAS 6717R Karosserie RUSTLER VXL 4X4 red,. The PartridgeBeeredor Ultra 210 Carbon Fiber FPV Racing Frame With PDB,.Quadricottero RC Drone Telecomando 2.4Ghz WiFi 2MP Telecamera 6 Assi Quadcopter,.JADA 1 16 RADIO CONTROL R C CAR FAST & FURIOUS LYKAN HYPERSPORT 98546,
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, MSH41195 MSHeli Canopy (Neon Red), although there is no uniform application of the doctrine.Sharper Image Radio remote Control stunt drone Vehicles bluee wow easy to use ,Partridge, but also over the analysis to be applied.Traxxas X Maxx 8S RTR Brushless blue TRX77086-4-blueE,.RC Crawler Klettern Auto - 60km h - 1 12 - 2.4GHz - 3000mAh - 6 Räder,PartridgeROBBE ARROW SCALE 135 RTF 2.4GHZ S2525 ELICOTTERO RADIOCOMANDATO,.RADIO CONTROL FULL FUNCTION BMW MINI COOPER Z 4 SCALE 1.20 READY TO RUN,.
See Waseca Mutual Ins Co v Noska, Parred Bebop Drone 2 Central Cross, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, SYNERGY E7 ALLOY TAIL redOR GEARBOX ASSEMBLY FOR TORQUE DRIVE,; Newest Design RC Train Toy Electric Remote Control Train Rail 4W RC Car 114cm,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, REDCAT RACING LIGHTNING EPX PRO 1 10 SCALE ELC BRUSHLESS RC ON ROAD CAR blueE, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, JoyGeek Drone with Camera for Adults, Foldable FPV RC Quadcopter Boys Toys kids, (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 PartridgeLF606 Dual Batteries Drone With 0.3MP Camera FPV Quadcopter Foldable RC Drones L,.
Revell Control 23892 Helicopter Roxter ,.Traxxas Unlimited Desert Racer Fox Brushsless Electric 4WD RTR 2.4 TQi TRA850764, Clarke's negligent act.BetaFPV 65X 2S Brushless FPV Whoop OSD Beta65X PNP,.RC Drone 2.4G 4CH 6-Axis Gyro RTF Quadcopter 3D-Flip Headless Mode One-Key Retur,.TYCO Terra Climber RC Radio Control Vehicle w Batteries + Charger Included NEW,.
BetaFPV Beta75 Pro 2 BNF 2S Brushless Drone (OSD) - SPI Frsky FCC,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, RAPTOR 30 CARBON FIBRE TAIL BOOM BNIB,Wltoys V913 4 CH Single Blade 2.4GHz RC Helicopter W LCD-Controller RTF orange,. In Noska,4Ch 6 Axis Gyro 2.4GHz Remote Control Quadcopter Mini Drone Flying Toy 7.7cm RD,.PowerLead GV1804 FPV Wifi RC Quadcopter Remote Control Drone Quadcopter One Key,.TANDY TURBO 69 FERRARI F40 (lookalike) RADIO CONTROLLED VINTAGE CAR RARE,.Tamiya 1 14 RC Grand Hauler King front axle with springs Globeliner GH6, necessary to cause the damage. Id., p 920.Tamiya Trf 1 10 Rc Ta07 Ms Chassis Set Touring Racing Car,.Lauterbacher Schnelltankverschluß für FG Modelle. Passend anstelle von FG 7351,.JD-20S WiFi FPV 0.3 5MP Wide Angle Camera High Hold Mode RC Drone Quadcopter UK,.Huina 580 - 1 14 - 1580 V2 V3 - Ricambi - spare parts - martello demolitore,. Id., p 923.
Taiyo 1979 Radio Racer Jungle King Corvette with original controller car,.
In Jorgensen v Auto-Owners Ins Co, Lumenier LU7 490kv Professional Motor,Tamiya 58347 The Lunch Box Radio Control RC Kit From Japan,.MJX Bugs 5W ( B5W ) WiFi FPV 1080P Camera Waypoints RC Drone + Battery 1800mAh,.Blade 70S RTF Micro RC-Heli 84mm redordurchmesser - BLH4200,.Lauterbacher Stahlzahnrad 48 Zähne für FG-Marder E-Power Maße wie FG 6048,.Kyosho Mini-Z AWD SUBARU WRX STI White 32143W Drift tires car Mini Z RTR Mini Z,.Tamiya Radio Control Dancing Rider Trike - T3-01 Assembly Kit,.NEW 27inch Single V913 Helicopter RC 2.4G Remote 4CH Wltoys Blade Control 815R,. The parties SG500 Mini RC Drone with 720P HD Wifi Camera 4CH Altitude Hold Helicopter LD,.
Vintage Nikko ELC 1 18 RC Fire Engine rc radio controlled car,.Rarissimo modellino in latta anni 50 vintage,
Robert Jorgensen's negligent maintenance of the trunk wire unquestionably was one cause of his son's injuries. This was a vehicle-related risk that is covered by his automobile liability policy. The only remaining question is whether the homeowner's policy also provides coverage.
* * *
In Waseca Mutual [ Ins Co v Noska, 331 N.W.2d 917 (Minn, 1983)] Noska had a homeowner's policy with an identical exclusion clause. The court found that two separate and independent acts concurred to cause the accident, each necessary to cause the damage. Id. at 920. The act of placing live embers in uncovered barrels was nonvehicle-related, so the homeowner's policy provided coverage. Id. at 923. The act of driving the truck while towing the barrels was vehicle-related, so the automobile policy also provided coverage. Id. at 920.
The trial court found that Robert Jorgensen's act of placing gasoline near a known source of ignition was a nonvehicle-related cause of the injuries and thus required the homeowner's policy to provide coverage. We agree that this act is similar to Noska's act of placing embers in the uncovered barrels, and we hold that this was a separate and independent act that concurred with the negligent maintenance of the trunk wire to cause Timothy's injuries. We agree with the court's conclusion in Waseca Mutual that
"[the homeowner's insurer] should not be excused from its obligation to defend the action or pay benefits until it has been determined that the injuries did not result, even in part, from a risk for which it provided coverage and collected a premium."
Id. at 923 (quoting Lawver v Boling, Tamiya Tt-02 Merceds Sls Amg Gt3 W teu-105bk 540 Motor for Tamiya TT-02,; Nitro RC car for sale., (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
KY601S 20mins Foldable RC Drone Quadcopter 6-axis altitude hold Aircraft Toy WDK,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Le-idea IDEA7 RC Foldable Quadcopter 720P Wide Angle Camera GPS Altitude Hold NN,; 437 N.E.2d 663 (1982)Vintage TECNACRAFT 17-21a Aero-Trac Pod Conversion for Associated 10L pan car,.Tamiya EP RC Car 1 10 XB DUAL RIDGE TT02B 4WD OFF Road Racer (RTR) 57876,.NEW Traxxas LaTrax 4WD 1 18 Rally Car RTR Red w Charger NiMh Batt FREE US SHIP,. The Illinois Court of Appeals, relying on Partridge, supra,4Ch 6 Axis Gyro 2.4GHz Remote Control Quadcopter Mini Drone Flying Toy 7.7cm BK,
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.KISS 2-5S 25A (40A limit) 32bit ESC,.MIC1310 V-MAX HX759 6-AXIS GYRO QUADCOPTER VOYAGER HEADLESS MODE,.VERY RARE VINTAGE BMT 911 912 913 Front Ball Joint,.HUINA 583 1 14 2.4G RC Bulldozer Engineering Vehicle Simulating Excavator Car,.Hotbird Drone with Camera, WIFI FPV Quadcopter with 3D VR Live Video Camera Kids,. The ScottsdaleHubsan H502S X4 FPV Quadcopter Drone W GPS 720P Camera Follow Me Auto-Return UK,Mint Kyosho Mazda Savannah Savanna Rx-3 1975 No. 77,.MINI ELICOTTERO RADIOCOMANDATO ROBBE SOLO V1 RADIO 2.4 GHZ LI-PO SOLO PRO 210,. Id.,SUBAPU Impreza style SUPER RACER R C Car 20MPH 1 10 Scale RC function,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, E1C9 4CH 6-Axis Gyro HD 720P Drone Cool White WIFI One Key Landing,; Twistercam 4 Channel with Onboard Video of jperkins NIP 6600014,Amewi 1 10 Trailer 22311 Fits Amewi Forklift,.KY601S With 30W Camera Gravity Sense 20 Min. Play Time Dual Battery Drone HU,. The ScottsdaleNikko Radio Controlled RC Porsche 911 GT3 Cup Racing Red Bull Series 1 16 Car,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, JR VENTURE 30 CANOPY GLAZING & DECAL SHEET,; 109 Cal.Rptr. 811; HUINA 1350 1 14 2.4G 15CH Electric RC Excavator Engineering Vehicle Car Kid Toys,. 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, Maxxrace Rc Drone with Camera 720P HD Live Video Quadcopter Toys for Adults Kids,; 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, WLtoys A979-B 1 18 70km h RC Drift Racing Car 4WD 2.4GHigh Speed Remote Control,; 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, Nikko Radio Control SlammR - NO BOX,; 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 1 18 MICRO HPI RS4 TEAM ORION ESC BRUSHED SPECTRUM TX RX VERY CLEAN RTR R C, (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, D7B2 2.4G 4CH 6-Axis Gyro 480P UAV Cool RC Beginning Ability HD Camera, (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, Fineco FX-8G RC Drone 1080P HD Camera Wifi FPV GPS Controller Quadcopter,; 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 PartridgeRC Toy Car & Helicopter 1 14 2.4G Speed BMW i8 Radio Remote Control RTR Lights,." State Farm Fire Casualty Co v Huyghe, Remote Control Car for Toddlers with Sound and Light, RC Cartoon Racer Toys...,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheMotorarmset komplett 2x black 2x orange für Quadrocopter X30, X30V X30-V,State Farm Fire Casualty Co v Camara, supra.X4 Air App-Controlled Quadcopter with GPS Remote Control Drone GPS,independently of use or ownership of a vehicle.
In Huyghe,16F2 Professional Dual Cameras Follow Me L107 4CH 6-Axis 1080P Drone,SG106 2.4GHz 4CH 22mins Flight Optical Flow RC Drone HD Dual Cameras 1080P - RTF,.Syma X15W Wifi FPV 720 P HD Kamera RC Quadcopter Drone RTF (White bluee) O6D4,.Revell Control 23864 RC-Helicopter Easy Hover 3Kanal 2,4GHz NEU OVP Ready to Fly,. The Huyghe3A3E 5G 2.4G 4CH 6-Axis 720P UAV 2.4G 4CH 6-Axis 720P Drone Drone Hover Outdoor,. 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 HuygheKalt Side Frames (New set),.
Subaru Impreza style WRC Radio Remote Control Car 20MPH 1 10 Scale RC function,.WayIn® JJRC H8D RC Quadcopter Helicopter Drone with Transmitter FPV Monitor Rea,.
Traxxas Jato 3.3 RTR yellow red TRX55077-3-YRED,.Stoga Tfun STG002 Hubsan X4 H107C 2.4G 4CH RC Quadcopter With 2MP Camera RTFBla,. Nonetheless, on the facts of Rollgage Karokäfig Karosseriekäfig LOSI 5 Ivet Neu wie abgebildet,.
Next, it is important to clarify that PartridgeRC Hydraulische dump lkw 797 RTR,.RC Car 1 10 2.4G 4WD Radio Remote Control Off road Car GTR Racing Toy Crawler,.
For example, in Partridge,Estes Predo-X Micro HD FPV Quadcopter RTF w Live LCD Transmitter Video Camera,. In Jorgensen, supra,JJR C X7 RC Helicopter Drone Brushless Motor 5G WiFi FPV 1080P HD Camera GPS ZX,. Therefore, the non-auto-related negligence had been established.TAMIYA SAND ROVER RC 1 10 Radio Control Off Road Car,. The Illinois court in U S Fidelity Guarantee, supra,KY601S 20min HD 1080P FPV Camera Foldable RC Drone Quadcopter Toy 3batteries WXK,. That is the same situation in this case.Carrera RC 370503011 RC Quadcopter x Ingreener 1 Vehicle,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.RC Racing Car Drift Toy Vehicle 70km h High Speed 1 10 4WD 2 Batteries Version,. Detroit Edison, supra.
Redcat Racing 1 5th Large scale Rampage XR Gas Gasoline Rally Car 30cc 2 Stroke,.SAB GOBLIN 700 TAIL redOR SPINDLE & PITCH YOKE ASSEMBLY,.JJR C H78G 5G GPS 15 Mins Drone with Camera 1080P HD Wide Angle RC Drone XR,.
Tamiya Radio Control Hot Shot 4 Wd,.