Games Workshop Warhammer 40k 2nd Edition 1993 1993 1993 Starter Box Spares - French 415ac7

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Games Workshop Warhammer 40k 2nd Edition 1993 1993 1993 Starter Box Spares - French 415ac7
Games Workshop Warhammer Shadow Warriors,
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 Warhammer 40k Eldar Army Aeldari Craftworld Dire Avengers Squad 36,.Citadel Magnificent Sven Scenario Slann Lieutenant Games Workshop Warhammer 80s,.Warhammer 40k Tyranid Army, Partially Painted NICE ,.Games Workshop Chaos Greater Demon of Khorne Box Set Sealed ,.

The essential facts are not in dispute.Warhammer 40,000 40K Chaos Daemons The Changeling BNIB Metal OOP Games Workshop,.Warhammer 40000 40K Space Marines Army- 20 X Infantry Figures Squad Painted.,. At approximately midnight, Clarke drove home in his automobile.Tau - XV8 Crisis Battlesuit Team complete,.Warhammer Sigmar Khorne Forge World Skaarac the Bloodborn Great Khorgorath,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.WARHAMMER 40,000 CHAOS SPACE MARINES NURGLE DEATH GUARD PLAGUE MARINES METAL OOP,.Warhammer 40,000 Forge World Alexis Polux 405th Captain of the Imperial Fists 95,.Games Workshop Warhammer Citadel Clam Shell Figure Case Great Condition Army OOP, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

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Metal Skaven Lord 2011 Gamesday Blister - Warhammer Age of Sigmar C589,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Space marine sternguard veteran squad,.Warhammer Orcs and Goblins Night Goblins Well Painted - JYS62,.DREADHOLD CRUCIBLE - GAMES WORKSHOP - AGE OF SIGMAR ,Warhammer Orcs & Goblins Goblin Shaman 2 army lot metal OOP gitmob painted,.WARHAMMER 40K DARK ELDAR DRUKHARI Venom painted. Kabal venom. High standard,.

Legion Nephilim Heavy Warbeast Azrael inc resin,.Venerable Cybot of the Space Marines (48-32) Warhammer 40k,.Warhammer - Age of Sigmar Soul Wars - Games Workshop - RRP,.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.

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Miniaturas Legión de los Condenados Centurius Warhammer 40K metal Citadel marine,. We agree in part.

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A motion for summary disposition pursuant to MCR 2.OOP Warhammer 40k Vostroyan Wounded Casualty Metal Miniature + sergeant model,.Savage Orc Boys Boxed - OOP - Warhammer Age of Sigmar AA33,.VAMPIRE COUNTS SKELETONS - WARHAMMER AGE OF SIGMAR - GAMES WORKSHOP ,." Hazel Park v Potter, 169 Mich. App. 714, 718; Warhammer 40,000 Astra Militarum Cadian Heavy Weapon Squad,.Warhammer Age of Sigmar Daemons of Chaos Dragon Beast Congreened Carnasaur 22,. Pontiac School Dist v Bloomfield Twp, 1985 Dwarf ME33 Alternative Spear 2 Lord of the Rings Variant Citadel AD&D LOTR,; MASTER PAINTED by GD Winner - Snazzwagon in Mad Max style, Orks, WITNESS ME ,; 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. . . .

2008 Khorne Chaos Champion Citadel Lord Warhammer Army Blood God Evil Fighter GW,.Games Workshop Warhammer 40000 Eldar Wraithguard,Reavers Dark Eldar Drukhari wh40k,. Pontiac School Dist, supra.Warhammer 40,000 Tau Empire Kroot Carnivore with Shaper 21,.

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A motion for summary disposition under MCR 2.WARHAMMER 40,000 SPACE MARINES DARK ANGELS CAPTAIN BALTHAZAR PAINTED & BASED,.WARHAMMER 40,000 CHAOS SPACE MARINES DEATH GUARD PLAGUE MARINES TERMINATOR LORD,.Warhammer 40K DARK IMPERIUM Starter Set (Marines, Death Guard, HC Rulebook, etc,. Fulton v Pontiac General Hosp, Warhammer 30k Horus Heresy Deathguard,; Space Marines Heroes - Bredher-Sergeant Sevastus Warhammer 40k,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Tactical Drones of Tau Empire soldier painted action figure Warhammer 40K,; 207 N.W.2d 316 (1973).

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Games Workshop Warhammer 40,000 Codex Adeptus Mechanicus,. 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.

Warhammer Age Of Sigmar Kurdoss Valentian, The Craven King 91-24,

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.]

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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.

PLASTIC WARHAMMER CHAOS DAEMONS OF KHORNE SKULL CANNON PAINTED (L),. First, the policy's exclusionary language is not ambiguous.10 PLASTIC WARHAMMER BRETONNIAN KNIGHTS PART PAINTED (L),.Start Collecting Skitarii Warhammer 40k Citadel 40000 Games Workshop,. See Allstate Ins Co v Freeman, supra, pp 665-667.Space Marines Star Guard Veteran Squad Games Workshop Predector Guard 40k GW,. We disagree with the trial court's second and third statements.Mannikin Head Warhammer 40k Chaos Renegades Space Marines Rogue Trader Nurgle,.

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Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.2004 Troll vs Dwarf Troll Slayer Limited Edition Citadel Christmas Present N602,.

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The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Games Workshop Epic 40K Lot Imperial Reaver Titan,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Warhammer 40K - Space Marine Primaris Aggressors - FREE SHIPPING - New,.Warhammer 40K Blood Angels Space Marine - Whirlwind w extra armor (oop metal),.Warhammer Empire Free Peoples- General on foot -Finely painted on scenic base,.Warhammer 40,000 Space Marines Metal Parts Land Raider Crusader 34,.WARHAMMER AGE OF SIGMAR CHAOS MARAUDERS WITH DOUBLE HANDED WEAPONS METAL OOP,.

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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, BRETONNIA lord knight on pegasus METAL PAINTED Duke bohemond Fantasy, although there is no uniform application of the doctrine.Warhammer 40K Tyranid Warriors,Partridge, but also over the analysis to be applied.Start Collecting Tyranids soldier painted action figure Warhammer 40K,.Warhammer 40K Mekboy Workshop 50-28,Partridge40K Tooth & Claw Starter Set Box MIB,.Undead Vampire Counts Grave Guard Wights X12 Warhammer Metal OOP,.

See Waseca Mutual Ins Co v Noska, Warhammer Age of Sigmar Start Collecting Idoneth Deepkin NEW Free P&P, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Warhammer AoS Gloomspite Gitz Loonboss Pro painted commission,; WARHAMMER 40,000 SPACE MARINES GREY KNIGHTS STRIKE SQUAD INCINERATORS KILL TEAM,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Warhammer 40,000 Tau Empire Crisis Battlesuits 697, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Games Workshop Warhammer Bretonnian Knights of the Realm x12 Models Regiment OOP, (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 PartridgeTyranid Biovore x2 Spore Mines Metal Tyranids Painted Warhammer 40K joblot,.

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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Warhammer Age of Sigmar Nighthaunt Easy to Build Dreadblade Harrows,Necron Cryptek Painted Warhammer 40K Games Workshop,. In Noska,Warhammer 40k Army Chaos Space Marines Rhino Painted Plastic,.Warhammer 40K Shadowspear Box Set GWS GWS SP-01-60,.Age of Sigmar Warhammer Daemons of Slaanesh Start Collecting NIB Free Ship,.Warhammer Age of Sigmar START COLLECTING DAEMONS OF KHORNE, necessary to cause the damage. Id., p 920.Warhammer 40k Imperial Guard Vostroyan First Born Squad metal,.Warhammer 40K Tyranid Mawloc Unpainted,.Warhammer 40k Space Marine Heros LOT ,.Warhammer 40k Adeptus Mechanicus Kastelan Robots Games Workshop Citadel,. Id., p 923.

WARHAMMER 40 YEAR ANNIVERSARY GROMBINDAL (New & Sealed),.

In Jorgensen v Auto-Owners Ins Co, Warhammer 40k Space Marine Painted Imperial Fists Captain In Cataphractii Armor,WARHAMMER 40K START COLLECTING BLOOD ANGELS - NEW & SEALED,.Warhammer Age of Sigmar Seriphon,.WARHAMMER AGE OF SIGMAR ORCS & GOBLINS SAVAGE ORC wurrgog prophet PAINTED,.Warhammer Age of Sigmar Warriors of Chaos Khorne Knights 103,.Warhammer 40K ADEPTUS MECHANICUS TECH-PRIEST DOMINUS Skitarii Command Model,.Warhammer Age of Sigmar Chaos Nurgle Beastmen Pestigors Pestigor Metal New OOP,.Warhammer 40k Grey Knight Strike Squad - metal - painted,. The parties Warhammer 40,000 Tyranids Carnifex 750,.

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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, Warhammer 40K Orks Forgeworld Gred Mega Tank,; Warhammer Long Drong Dwarf Slayer Musician Pirates Metal Figure Dwarves OOP, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

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Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, WARHAMMER 40K SPACE MARINE DARK ANGELS DEVASTATORS KILL TEAM PAINTED SUCCESSOR,; 437 N.E.2d 663 (1982)TYRANIDS Start collecting Warhammer 40K NIB NEW Collecting,.Genestealer Cults Clamavus Workshop Warhammer 40000 Tyranids 51-45 Character,.Warhammer Age of Sigmar Vampire Counts Zombies 441,. The Illinois Court of Appeals, relying on Partridge, supra,EMPIRE Valten Exalted of Sigmar mounted part well painted metal Scarce OOP,

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.Warhammer 40k Astra Militarum Collectors Edition Codex,.SERAPHON Saurus oldblood on carnosaur Warhammer Sigmar Lizardmen Kroq gar,.IRONJAWZ ORRUK MAW-KRUSHA. Warhammer Age Of Sigmar.,.Forgeworld GW Iron Warriors Tyrant Siege Terminators,.OOP Citadel Warhammer Metal Chaos Savage Orc Arrer Boyz,. The ScottsdaleFLESH EATER COURTS CRYPT FLAYERS - WARHAMMER SIGMAR - GAMES WORKSHOP ,Space Marines Terminator Assault Squad Close Combat Marine Warhammer 40k NEW ,.Nemesis Dreadknight of Grey Knights soldier painted action figure Warhammer 40K,. Id.,Khorne Bloodbound Bloodreavers Games Workshop Warhammer Age of Sigmar,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Warhammer 40k Eldar Craftworlds Wraithguard (wraithblades) 5 minitures,; Warhammer 40K ELDAR DIRE AVENGERS,Warhammer 40k Eldar Wave Serpent (2007 Edition) Box Brand NEW,.Warhammer 40K Daemons of Khorne 'Blood Tide of Khorne' Box Set Sealed,. The ScottsdaleMandrakes of Dark Eldar soldier painted action figure miniature Warhammer 40K,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Warhammer 40,000 Space Marines Blood Angels Death Company Dreadnought 116,; 109 Cal.Rptr. 811; Warhammer 40,000 Necrons Monolith 878,. 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, Warhammer 40k Space Marine Primaris Inceptors NIB 48-79,; 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, Warhammer Orks Start Collecting Force Well Painted,; 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, FIREFORGE GAMES DEUS VULT FFG006 TEMPLAR INFANTRY,; 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, Games Workshop WH40k Forgeworld Chaos Renegade Militia Command Squad Militias GW, (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, WARHAMMER 40K CITADEL MINIATURES CATALOGUE - SECTION 3 GREEN 1992 OOP RARE, (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, Primaris space marines army Blood angels Pro painted made to order,; 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 PartridgeWarhammer 40k Dark Eldar Haemonculus,." State Farm Fire Casualty Co v Huyghe, Warhammer 40K NECRONS DOOM SCYTHE,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheWarlord Games The Ape Gang boxed set 28mm metal Judge Dredd New,State Farm Fire Casualty Co v Camara, supra.Heldrake chaos space marines warhammer 40K COMMISSION painting,independently of use or ownership of a vehicle.

In Huyghe,Warhammer Louen Lionheart Leoncoeur King of Bretonnia on Hippogryph Metal New,DEATHWING TERMINATORS - Painted OOP Dark Angels Space Marine Warhammer 40K Army,.⇨ chaos lord mounted manticore Warhammer Age of sigmar AoS,.Games Workshop Warhammer Knightly Orders x 8 Regiment Well Painted Empire,. The Huyghe17 PLASTIC BRETONNIAN ARCHERS BOWMEN PAINTED (218),. 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 HuygheWarhammer Fantasy Dark Elf Warriors crossbows painted table ready army lot,.

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For example, in Partridge,Carmine Dragon Warhammmer Age of Sigmar Forgeworld,. In Jorgensen, supra,Warhammer Age of Sigmar Chaos Dwarfs x 8,. Therefore, the non-auto-related negligence had been established.TAU EMPIRE FIRE WARRIORS - GAMES WORKSHOP 56-06,. The Illinois court in U S Fidelity Guarantee, supra,WARHAMMER LIZARDMEN ARMY, METAL SKINK WARRIORS, MULTI-LISTING,. That is the same situation in this case.Games Workshop Warhammer 40k Tau XV88 Broadside Battlesuit Metal BNIB New OOP,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Games Workshop Warhammer Fantasy Empire KARL FRANZ ON DEATHCLAW Plastic NEW,. Detroit Edison, supra.

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