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 Hansa Standing Genet 4937 Plush Soft Toy Sold by Lincrafts Established 1993,.Splatoon 2 SP12 Judge KunM) Plush toy 28 cm height,.Taito Space Invaders official goods carry case limited rare,.BRITAINS 08412 6 YELLOW RED FOOT KNIGHTS METAL TOY SOLDIER FIGURES + TRADE BOX,.
The essential facts are not in dispute.HARRY POTTER Fluffy Dog THREE TESTE SOFT TOY SNOWMAN 3 Header Dog Fluffy Plush,.BRITAINS 00149 BRITISH COLDSTREAM GUARDS METAL TOY SOLDIER FIGURE COMMAND SET,. At approximately midnight, Clarke drove home in his automobile.Spin Master Kids Hello I'm Boxer' Robot,.Jellycat Huge Squidgy Teddy Bear golden Tan Soft Toy Plush Vintage Retired 1999,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Avengers L'Ere d'Ultron buste tirelire Iron Man 20 cm,.Hansa 3814 Sitting River Otter Plush Soft Toy 24Cm,.14 PENGUIN PLUSH SOFT CUDDLY TOY BEAR TEDDY KIDS CUTE GIFT SITTING COSY ANIMAL, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Plants Vs Zombies Lot 20pcs Plush Toy Split Bean 6'' Soft Stuffed Doll Kids Gift,.DC COLLECTIBLES ARKHAM KNIGHT SERIES 1 CATWOMAN ACTION FIGURE NEW,.Legends Avengers Thanos Series Fierce Fighters Action Figure [Spider-Woman],.Licensed 2 Play Domo Large 16 Plush Novelty Doll,.
Incredibles 2 - Mr Incredible Pop Vinyl - FunKo Free Shipping ,.Pottery Barn Kids 17 Plush bluee Elephant Blanket Stitched Tummy Toes Tush Ears,.1988 Batman Figure w Flowing Cape and Stand Licensed DC Comics 15 ,.National Geographics Flamingo Stuffed Animals Plush Toy (Natural),.Plush & Company 15746 Company Scarlet Ladybird Plush Toy, 25 cm, Multi-color,.
Ted 2 Ted in Scuba Outfit 24-Inch R-Rated Talking Plush,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Horse 6 inches, 15cm, Plush Toy, Soft Toy,.BEST MADE TOYS TARGET WOOLY FLEECY STUFFED PLUSH LAMB SHEEP PILLOW TOY CREAM 17 ,.BRITAINS 40228 ALEXANDER GRAHAM BELL MASTERS OF SCIENCE METAL CIVILIAN FIGURE,CASIO Invader Game Calculator Dentaku LCD G&W Game Watch SL-880-N JAPAN,.TEKKEN 3 Real Fighter LCD Game Epoch Game Watch Rare Game Used Japan,.
EAGLEMOSS THE HOBBIT ORCS FIGURINE SET AZOG, BOLG, NARZUG & YAZNEG & MAGAZINES,.Hansa Sitting Panda 4183 Plush Soft Toy Sold by Lincrafts Established 1993,.Marvel Legends Spider-Man Homecoming Spider-Man 6-Inch Action Figure - New BAF,.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.
Tiger Superman 1996 Electronic Handheld Game RARE,.
Marvel Diamond Select Thanos Action Figure,. We agree in part.
Calplush 8 Easter Lamb with Pink Scarf Plush Animal Toy,.Radica Talking Bingo game Model 1111GBBA Tested Works Markers 25 Cards,.
A motion for summary disposition pursuant to MCR 2.What Does The Fox Say The Fox Sings Dances dancing 12 tall figure,.Pink Dragon Puppet Dental Tooth Brushing Aid Oral Health Plush Education,.64260 - Off Road Hummer effect mud scale 1 32 NEW new SCX,." Hazel Park v Potter, 169 Mich. App. 714, 718; VINTAGE BRITAINS BOXED 1960's 1 42 SCALE MINI SET No.1062 COWBOYS & INDIAN,.DC Comic Batman Animated Series Night Sphere & Batman 5 Action Figure 1993,. Pontiac School Dist v Bloomfield Twp, NEW BIG BULLEYE TARGET MASCOT SPOT PUPPY DOG RED PAJAMAS BUTT FLAP PLUSH STUFFED,; Britains 31031 - Union Trooper Firing Behind Horse Casualty No.1,; 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. . . .
BRITAINS US MARINE DRUM & BUGLE CORPS 7304 METAL TOY SOLDIER MODEL,.Britains From Set 1722 Scots Guards Pipers 10 Figures Pre & Post War Versions,GAME ELECTRONIC BERCHET DICTIONNAIRE WEDNESDAYS WITH 4 BOOKLETS,. Pontiac School Dist, supra.DC DESIGNER SERIES AMANDA CONNER SPACESUIT HARLEY QUINN ACTION FIGURE,.
W Britain Zulu War 20068 uVe Regiment Charging mm Toy Soldier Metal Figure,.
A motion for summary disposition under MCR 2.Kaycee Bears Rye Plush Lion Cub,.BNWT Hugfun 53 inch 134cm Plush Sitting Bear - Espresso 3+ Years,.Spawn 21 Alternate Realities ALIEN SPAWN 2 Figure,. Fulton v Pontiac General Hosp, BATMAN WAVE 2 FIGURE DC MIB YAMATO GOTHAM'S GUARDIANS AGAINST CRIME,; Britains set 3113 The 17th Lancers,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, DOUGLAS Cuddle Toys 32 Scout Yellow Lab Dog Stuffed Animal - 2462 NEW,; 207 N.W.2d 316 (1973).
Hypnosis microphone - Division Rap Battle - Jinguuji seirai,. 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.
Plush & Company 15747 Company Kolette Koala Plush Toy, 28 cm, Multi-color,
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.]
Kiel Spielzeug Gorilla - 45cm - Keel Toys 45cm,
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.
BRITAINS SOLDIERS 31189 - Federal Artilleryman Standing with Arms Crossed,. First, the policy's exclusionary language is not ambiguous.Britains No 41110 WW1 Dodge ambulance VNMB,.BRITAINS 31139 BAPTISM AT MANASSAS AMERICAN CIVIL WAR TOY SOLDIER FIGURE SET,. See Allstate Ins Co v Freeman, supra, pp 665-667.FUR REAL FRIENDS CHARLIE PELUCHES INTERATTIVI - PELUCHE,. We disagree with the trial court's second and third statements.Squishmallows Squishmallow Squishy Squooshems LARGE Plush 16” SAM THE BROWN DOG,.
Imaginext DC Marvel Superman Play Set - Superman vs Batman,.Teddy Bear Collection 7 hand made in knitted sweaters, Brand New and Sealed,.Trivial Pursuit Challenge Electronic, French, Trivial Pursuit Défi,.ROBOT MÉCANIQUE - TERMINATOR - TÔLE - TRÈS RARE,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.TRANSFORMERS Prime - GRIMWING - Beast Hunters - Voyager Class,.
Britains US Army 32 Figures,.green LANTERN - Renacimiento Figura De Acción Collector Set DC,.Britains Soldiers VE Day Figure - British Army - A+ A+,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, National Geographics CHEETAH Stuffed Animals Mother with Baby Plush Toy (2-Piec,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Tablette éducative Vtech GENIUS XL touch color,.Pokemon Center Original dust cushion Kodak,.Lcd game Cresta honky ponky game watch,.VINTAGE PLANET HOLLYWOOD BUBBA blueE BABY DRAGON MUSICAL STUFFED ANIMAL PLUSH TOY,.(80CM-180CM)GIANT BOW TIE BIG CUTE PLUSH STUFFED TEDDY BEAR SOFT 100% COTTON TOY,.
TOY STORY JUMBO WOODY STUFFED ANIMAL PLUSH TOY COLLECTIBLE HUGE FIGURE BIG SIZE, the ownership, maintenance, operation or use of any motor vehicle.INTERACTIVE MASCOT MONKEY COCCO EMOTION PETS,.D C JUSTICE LEAGUE - BIG FIGS JAKKS PACIFIC - 48cms ACTION FIGURE - CYBORG,. The PartridgePotensic A20 Mini Drone with function without head, Altitude Hold, two botha,.Star Wars Darth Vader Controller Video Game Plug and Play,.Harmonix Dropmix Music Gaming System blueetooth Smart Hasbro 60 Cards C3410 NIB,
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, Piutrè 0270 Sitting Reduced Size Doberman cm.75, Multi Colour, although there is no uniform application of the doctrine.DC Icons Series Superman Rebirth Renaissance Action Figure,Partridge, but also over the analysis to be applied.DC Comics Fisher Price IMAGINEXT DC Super Friends Figure Clayface - Rare,.Britains Circus Set 08669. Dog Handler & Performing Dogs. MIB,PartridgeRare New Vintage Sweden Brio Wooden Train Post Office Station Fits Thomas 33752,.Lex Luther Artfx + Statue,.
See Waseca Mutual Ins Co v Noska, Baby Shark Cube Plush Set by WowWee Pinkfong Mommy Daddy Baby Sings Song English, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Wilbur Penguin - British Gas Brand new in box with certificate of authenticity.,; Moulin redy - Le Voyage D'Olga 15 Plush - Chaussette the Large Fox,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Marvel Mighty THOR Legends Series EXECUTIONER & ENCHANTRESS 2 Figure Set, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, NEW For Kids Collection Toys Superman Action Figure Super Man PVC Toy ORIGINAL, (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 PartridgeMoto Joe Bar Team 082 Kawasaki 600 KLX de 1993 1 18 figurine Hachette,.
VidaXL Standing Plush Toy Horse Dark Brown XXL Kids Riding Stuffed Animal,.NRFB Moose Toys Little Live Scruff a Luvs Pink, Clarke's negligent act.Dinosaur ANIMAL PLANET - Plush toy Tyrannosaurus Rex of the TV program Animal -,.Hawkman - DC Comics Super Powers (Kenner 1984) vintage figure,.Marvel DOMEZ Series 2 COMPLETE Set of 8 - DEADPOOL Series 1 Figures - Opened,.
The Walking Dead Injured Daryl Pop Vinyl,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Rainbow Crushed - 62 Tie Dye Snake - CASE OF 12,MARVEL LEGENDS 6 ABOMINATION FIGURE (VARIANT),. In Noska,26 Bigfoot Sasquatch Plush Stuffed Toy,.Kellytoy Jumbo Large Plush Pink Fox Stuffed Animal Toy With Sparkle Eyes 34in,.DC Comics BATMAN TUMBLER BATMOBILE for use w figures, Has sound FX,.Marvel Legends Exclusive Namor Sub-Mariner Action Figure, necessary to cause the damage. Id., p 920.Llladro puppy surprise ornament retired piece in box,.Vintage Lead Figures The Hunt,.Sharper Image 20 Q party deluxe game New in open box free shipping indoor games,.SDCC 2016 Comic Con Exclusive Marvel Legends Raft 6 Abomination Figure Loose,. Id., p 923.
Hasbro Electronic c16791010 – La Bonne Paye,.
In Jorgensen v Auto-Owners Ins Co, Gruffalo 14 Large Plush,3 Mego Mini Vid games, break free, dodge city gunfight, space war. Tested work.,.RAVEN SPAWN 2 SERIES 25 CLASSIC COMIC COVERS,.BRITAINS 8919 PREMIER WW1 ROYAL HORSE ARTILLERY GUN LIMBER CREW TOY SOLDIER SET,.MOSC 2006 Toybiz Marvel Legends Legendary Rider Series Scarlet Witch,.Vtg Green Teddy Bear Plush Stuffed Animal ABC Letters Red Yellow Primary colors,.TIGER QUIZ WIZ 9 Game Cartridge Book Lot Nascar Ripley's World Records Dinosaurs,.NEW 2018 Marvel Legends Deadpool X-23 (Sasquatch BAF),. The parties BRITAINS 17140 US 101ST AIRBORNE ASSAULT METAL TOY SOLDIER FIGURE SET,.
DC Comics Bombshells 2, Harley Quinn Lil Bombshells Vinyl Figure,.Hasbro B74281020 Bop It Game,
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, SQUISHABLE Retired 15 SNOWY OWL Plush Stuffed Toy Animal-Hard to Find,; Hasbro Games Twister Moves Hip Hop Spots Electronic Dance Game - free shipping, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
SCULLY THE CHRISTMAS SLOTH Plush Stuffed Animal from PIER 1 Santa Hat Buddy Gift,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Britain's deetail American civil war figures (joblot ),; 437 N.E.2d 663 (1982)The Puppet Company PC009510 Cuddly Tumms Pink Rabbit Hand,.SCORCH NON TALKING PUPPET STAR RONN LUCAS SHOW NO LIPS DRAGON PLUSH SIGNED TAIL,.Brio Classic Deluxe Wooden Train Set 33424 NEW,. The Illinois Court of Appeals, relying on Partridge, supra,Rabbit Bunny sitting brown, 7.5 inches, 19cm, Plush Toy, Soft Toy,
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.Steadfast Soldiers superb set of 6 Indian Infantry details as in pictures,.DROPMIX Music Gaming System Game by Hasbro 60 CARDS INCLUDED Factory SEALED,.2014 HASBRO TOYS MARVEL LEGENDS GROOT BAF NOVA 6 ACTION FIGURE MIP GOTG MOVIE,.Blake & Mortimer - Hachette - SOS météores le Taxi Simca Aronde,.BRITAINS LEAD LIMITED EDITION COLLECTION GRENADIER GUARDS COLOUR PARTY 43056 MIB,. The ScottsdaleFigurine Jules Verne Phileas Fogg - Pixi 4338,Dr. Slump Arale chan HOYOYO BOMBER GAME WATCH LCD LSI Popy vintage Japan used,.Crate Creatures Surprise - PUDGE - MGA Entertainment - Splash Toys,. Id.,NORTH AMERICAN BEAR CO COLLIE PARTON 20 VINTAGE DOLLY PLUSH DOLL VOP VIB OPRY,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Toy Knights And Horses Vintage,; BRITAINS 40279 COLLECTORS CLUB goldEN JUBILEE ROYAL NAVY TOY SOLDIER FIGURE SET,Douglas Toys Ziggy The Caticorn Rainbow Fuzzle Cat Unicorn Stuffed Animal Toy,.BULLDOG SERIES BRITISH INFANTRY REG FIRING SUDAN LOOSE (BS639),. The ScottsdaleCherliea, Space Man With Space Gun (Ref Or 790’) Lead,,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, MY PILLOW PETS LADYBUG size LARGE SLIPPERS TOY PLUSH RED NEW BRAND LADY BUG,; 109 Cal.Rptr. 811; Giant Isopod Plush Stuffed Animal COLORATA Japan,. 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, MADAME ALEXANDER PONY HORSE PLUSH for Friends doll EUC BIG 20 ,; 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, ZEON TECH WHITE BIGTRAK Jr. PROGRAMMABLE ELECTRONIC VEHICLE BOXED BNIB,; 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, BRITAINS BRITISH HIGHLANDER LIGHT COMPANY 42ND REGIMENT 1754-63 43011 54MM,; 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, Britains 48005, 4 Pipers of The Queens own Cameron Highlanders (79th Foot), (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, X-men Marvel The Movie Figure Storm Rare New Boxed, (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, B23059 W.Britain The Veteran's Farewell - 2 Piece Set WW I,; 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 PartridgeVintage jeu électronique Parlant Space Blaster Yeno,." State Farm Fire Casualty Co v Huyghe, Mind Flex MindFlex Brain Game Brainwave Control Game by Mattel.,; 375 N.W.2d 442 (1985). Implicitly, this Court in Huyghe50 Unids lote Kawaii Pequeños Osos De Peluche Conjuntos Peluches Con Cadena 12 C,State Farm Fire Casualty Co v Camara, supra.Lelly 770780 42 x 22 cm NGS Triceratops Plush Toy Multi-Colour,independently of use or ownership of a vehicle.
In Huyghe,Batman on batsignal mini statue,DOUSIN Realistic cat stuffed Plush Kittens 26cm Tragley Standing Made in Japan,.BRIO 34587 Builder Construction Set,.Full Set Of 12 Funko X-MEN Mystery Minis Vinyl Figures Marvel Complete,. The HuygheNew Jellycat Bunny Puppy Dog Comforter Soft Toy Paw paw dog new toy bundle,. 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 HuygheAUNT DEB'S ESTATE MARVEL'S FIRE & ICE THE HUMAN TORCH & ICEMAN (NRFB),.
Britains 43018 Redcoats & blueecoats British Fifer 1754 - 1763,.FIGURINE COLLECTION JOE BAR TEAM SERIE 2 N°78 KURT MEBONNE EGLI HONDA 1000 CBX,.
Pokemon Gengar 10 Inch Plush - Brand new ,.Avengers Figura Tony Stark Iron Man Tony's Action Figure Marvel Colección + Caja,. Nonetheless, on the facts of GUND Baby Flappy The Elephant Plush Toy,.
Next, it is important to clarify that PartridgeSteiff Very Large 32 inch Lotte Teddy Bear with Candy Cane and Bow Tie, 111457,.BIG Power Worker Wheel Loader Sand Toy Sand Vehicle Plastic 28.5 cm 800056837,.
For example, in Partridge,Mini Green The App-Controlled Robot Ball,. In Jorgensen, supra,LUNASTE Big Teddy Bear Soft Stuffed Animal Plush with Tartan Ribbons, Brown ,35 ,. Therefore, the non-auto-related negligence had been established.Britains Deetail British & German Mortar Crews & Unused Mortars WWII Soldiers,. The Illinois court in U S Fidelity Guarantee, supra,Used Rabbit Daisy Springtime Bunny USA limited 2014 Steiff Plush Doll,. That is the same situation in this case.DESIGNERS SERIES ANT LUCIA BOMBSHELLS POISON IVY ACTION FIGURE DC COLLECTIBLES,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Marvel Legends Bishop from Deadpool Sauron Build a Figure (BAF) Wave Hasbro,. Detroit Edison, supra.
MattelDC Multiverse Batman Beyond from theLobo BAF 100% Complete,.Peluche Orso Gigante 200cm Teddy Bear Orsetto Grande XXL Regalo San Valentino,.HANDHELD GAME, WRESTLING, TIGER, 1988, COLLECTIBLE, VINTAGE Tested And Working,.
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