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Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871
Sigikid 38643 35 x 15 x 14 cm Coloured Sweety Hippo Plush Toy,
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 95cm Big Airplane Soft Simulated 37'' Stuffed Aircraft Plush Toys Doll Gift,.2003 CHRISTMAS TREE ANIMATED DANCING-SINGING JOKING CHRISTMAS TREE-OH WORKS ,.Genuine BRIO Wooden Train Deluxe Safari Zoo Set Thomas,.Feisty Pets William Mark Karl the Snarl Plush Stuffed Polar Bear, 8.5-Inch,.

The essential facts are not in dispute.16 Sea Otter Travel Buddies - CASE OF 12,.Hasbro Harmonix DropMix DJ Music Mixing System Age 16+ 1-4 Players,. At approximately midnight, Clarke drove home in his automobile.Angry Birds bluee Bird 5-Inch Plush [Christmas],.Hasbro Avengers Titan Hero Battle Figur Ant-Man ca. 30 cm groß ab 4 Jahre,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.MARIO Super Mario Bros. 24'' Plush San-Ei 1601 (Licensed Little Buddy Plushie),.BRITAINS 43014 REDCOATS 2007 EVENT FIGURE BRITISH COLDSTREAM GUARDS DRUMMER,.BRITAINS 17399 UNION BUGLER + SERGEANT MOUNTED METAL TOY SOLDIER FIGURE SET, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Teddy Hermann 918226 Cat Sitting Soft Toy, Grey, 20 cm,.ArtFX+ Kotobukiya THOR - Avengers Marvel NOW 1 10 Scale Pre-Painted Model,.Britains Linesman, Missing Moveable Arm (my Ref Grey 254),.New Marvel Q Fig FX Diorama Figure Model Statue Official Quantum Mechanics UK,.

BRITAINS 43122 blueECOATS US REGULAR INFANTRY PRIVATE 1898-1902 METAL TOY SOLDIER,.PACIFIC RIM 2 UPRISING - BRACER PHOENIX SIDE JAEGER ACTION FIGURE COLLECTION TOY,.CARD CAPTOR SAKURA SOFT TOY kero chan mokona tsubasa Kinomoto maid manga plush,.Giant Stuffed Puppy Dog 5 Feet Long Very Soft Extremely Large Plush Cream color,.NEW Doctor Who 10th Electronic Tardis Playset with Pulsating Lights,.

DC World's Greatest Villains Kresge Retro Style Series 3 Retro Action Figure,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Marvel Select Abomination Action Figure,.Yottoy Paddington Bear with Suitcase 16 Tall Stuffed Animal Plush Toy,.Azone Alc039-tnk Assault Lilie 039 Nakaba,Para H0 Coche Slot Racing Maqueta de Tren Ferrari F 40 con Tyco Motor Motor,.VICTORIAS SECRET PINK VERY RARE 2 FT FASHION SHOW LIMITED ED GIANT DISPLAY DOG,.

Marvel X-Men Classics 6 TECH GEAR BEAST New Rare ,.BRIO World Fire & Rescue - Central Station,.Steiff 063749 bluee Footed Boddy, White Grey Brown, 24 cm,.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.

Hema Holland Standing Monkey Plush with Hoody 30 CM,.

Vintage 1980’s Britains Space Stargards Boxed Collectable Set 9147 Toy.,. We agree in part.

27cm Hansa Pademelon w Joey Handmade Plush Soft Cuddly Realistic Stuffed Toy,.Britains Jonny Walker Whisky Talisman My Ref Or 13’,.

A motion for summary disposition pursuant to MCR 2.BIG Power Worker Wheel Loader Sand Toy Sand Vehicle Plastic 28.5 cm 800056837,.DC Direct Ame-Comi BATGIRL PVC Figure LOOSE,.Thomas Boland Hansa Toy International Eagle Plush 18 NOS W Original Tag,." Hazel Park v Potter, 169 Mich. App. 714, 718; COLLECTIBLE YAHTZEE PARKER BredHERS ELECTRONIC HANDHELD GAME FAST FREE SHIPPING ,.NWT Giant Rainbow Unicorn 4FT Plush Jumbo Stuffed Animal Large USA,. Pontiac School Dist v Bloomfield Twp, Vintage 1980 Coleco Head to Head Electronic Baseball Game,; Marvel Legends X-Men Legends MAGNETO Rare 6 15cm Figure,; 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. . . .

Dc COMICS - Icons - Más brillantes Day Hombre muerto Figura De Acción Dc Direct,.DC Direct Last Son Bizarro action figure MOC,Nici 40932.0 Plush Blanket Snowcat Toy, 140 x 175 cm,. Pontiac School Dist, supra.PRECIOUS MOMENTS SILENT NIGHT MARY & JOSEPH DOLLS SET TAGS,.

Scalextric McLaren ALONSO DIGITAL SYSTEM New 1 32 Ref. SCX system,.

A motion for summary disposition under MCR 2.Atono Figure Berserk Vol 3 Boscone,.Universal Trends WWF 16871 Plush Toy Polar Bear with Baby,.DOLL HOUSE USANUI Odani Miyuki Rabbit Plush Toy Stuffed Animal Rare From JAPAN,. Fulton v Pontiac General Hosp, Batman Animated Series - Firefly Action Figure DC Collectibles,; Extra Large 80Cm Super Cuddly Plush Giant Sitting Teddy Bear Soft Toy Cookie,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, BRITAINS SOLDIERS 20173 - To The Victors Goes The Spoils - Zulu Set,; 207 N.W.2d 316 (1973).

RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871RARE Todd Todd Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET 570871

ARROW TV MALCOLM MERLYN AF,. 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.

Luntoy Peregrine The Penguin (my Ref Grey 332) Metal,,

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.

39 Giant Hung Shark Plush soft Toys Stuffed Animals Doll Xmas kid festival ,. First, the policy's exclusionary language is not ambiguous.BATMAN VS SUPERMAN FIGURA BATMAN 19 CM- ACTION FIGURE IN BOX,.Hammacher Classic Pinball Baseball Stadium Game Wooden Tabletop LED Lights Score,. See Allstate Ins Co v Freeman, supra, pp 665-667. SUPER FIGHTER NIB Handheld ELECTRONIC LCD GAME WORKING Vintage Rare 80's,. We disagree with the trial court's second and third statements.CONTE COLLECTIBLES ZULU 014. 24th FOOT KNEELING FIRING.,.

Green Lantern armored Justice League DC Direct Series 6 new Alex Ross,.BRITAINS 62101 VIKING WEARING SPANGENHELM DEFENDING.,.New Jumbo Plush Giraffe Stuffed Animal Lime Green accent sparkle eyes Large,.DC Universe Classics 6 bluee Beetle Ted Kord Action Figure Wave 7,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Bald Eagle Incredible Petables Stuffed Plush 8 inch Retired,.

Britains 00089B Ceremonial Collection Sentry Box & Scots Guard,.Marvel Select Red Skull Captain America Movie Version 7 - Figure Only,.NEW - HARLEY - Cute and Cuddly Teddy Bear - Gift Present Xmas Birthday,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Batman Arkham Knight figurine The Joker 17 cm,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.GUARDIANS OF THE GALAXY 6 Marvel Legends Series Nova BOX DAMAGED,.Pia Pia Club 17068 25 cm Bauer Lying Panda Bear Plush Toy,.Giant 70cm Penguin Cuddly Soft Toy - Amazing Gift Idea - Christmas,.Chrono Quartz - Ceji Takara JAPON - Montre Voiture - Trés Rare - Vintage - Neuf,.For H0 Slotcar Racing Model Railway Formula 1 Indy with Tyco,.

NORTH AMERICAN BEAR CO COLLIE PARTON 20 VINTAGE DOLLY PLUSH DOLL VOP VIB OPRY, the ownership, maintenance, operation or use of any motor vehicle.Intelex Cozy Plush Fully Microwavable Toy - bluee Cat by Intelex,.BRITAINS 40204 BRITISH SCOTS GUARDS PRESENT ARMS METAL TOY SOLDIER FIGURE SET,. The PartridgeEaglemoss, Classic MARVEL Figurine Collection 2nd Edition, Lady Sif Figurine,.Cuddle Toys 1865 30 cm Long Tiffy orange Tabby Cat Plush Toy,.Vintage Kermit the Frog 850 Poseable Fisher Price 1976 Jim Henson Muppet Doll,

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, New DC Multiverse Injustice 2 Batman Platinum Collection Metal Figure, although there is no uniform application of the doctrine.Bow-wow and U-Tan Bow-wow Giga Jumbo lying-down stuffed animal,Partridge, but also over the analysis to be applied.Marvel Legends Mojo Series Iron Man Unboxed (With Comic),.Hansa Standing Calico Cat 6966 Plush Soft Toy Sold by Lincrafts Established 1993,PartridgeSpawn Viking Spawn Serie 5 (1996,.Exceptional Home Pigs Plush Stuffed Animals Set - 18 Pig with Baby Piglet - - -,.

See Waseca Mutual Ins Co v Noska, Brio Labyrinth & Practice Plates Wooden Toy Game of Skill Ball Play Balance Red, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Carnage Genuine PVC Action Figures Marvel Funko POP Model Collection Toys Gifts,; NEW Electronic Arcade Basketball Party Contest Game Christmas Birthday Gift,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Britains Set 00158 The Red Baron von Richthofen with Fokker DR1 Aircraft, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Hansa Large Timber Wolf Lying 5510 Soft Toy Sold by Lincrafts Established 1993, (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 PartridgeBRITAINS 24006 ELITE FORCES BRITISH ROYAL MARINE COMMANDO 1944 METAL TOY SOLDIER,.

VINTAGE TUDOR TRU-ACTION ELECTRIC FOOTBALL GAME 1950's WITH PLAYERS,.Marvel Iron Man 2 GUARDSMAN Comic Series (Avengers Stark Downey jr) New No.29, Clarke's negligent act.BATMAN MINIATURE GAME - CLAYFACE DC MULTIVERSE MINI RESIN STATUE FIGURE KNIGHT M,.32603 BRIO Jim Knopf Edition Wooden Train Abenteuer Bahn mit Spiel Thomas ,.Jellycat Bashful Bunny Special Edition Paloma Soft Toy - Rare BNWT,.

TINTIN MOULINSART HERGE PELUCHES 35131 PELUCHE MILOU SOUPLE (50 CM),.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Keel Toys 45 cm Panda,NEW Mini Arccade Classics Namco PAC-MAN Game Handheld Retro Cabinet PacMan,. In Noska,BRITAINS 51002 - 2 x Mealie Bag Wall Sections Straight,.HUGE LARGE BIG ANIMAL ADVENTURE Brown BEAR orange Bow Plush 30 2014 Target,.Trolls BRIGID Bridget BERGEN Soft toy GIANT XXL 65cm Original GIANT PLUSH NEW,.DC Comics Unlimited Injustice - Aquaman Action Figure - UK Seller, necessary to cause the damage. Id., p 920.Stuffed Animal Monkey Brown And Tan Plushie Hand-Crocheted,.BRITAINS VINTAGE LEAD MAMMOTH CIRCUS B PERFORMING ELEPHANT (DARKER GREY),.DC Multiverse 6 BATMAN ACTION FIGURE SUICIDE SQUAD,.Tokidoki Marvel Frenzies Series 2 Blind Box Keychain 4 Blind Boxes NEW 4 Figs,. Id., p 923.

MARVEL UNIVERSE 3.75 FANTASTIC FOUR FIGURE BOX SET (FUTURE FOUNDATION),.

In Jorgensen v Auto-Owners Ins Co, DC COMICS DESIGNER SER LEE BERMEJO BATMAN AF,Brio DUKE & TENDER Considered rare brio Thomas vintage Limited Release,.PELUCHE STAR WARS CHEWBACCA 45CM PELUCHES,.William Britains War Along the Nile Mahdist Mounted on Camel Charging 27031,.BRITAINS 17286 AMERICAN REVOLUTION 1770 GERMAN HESSIANS MINT BOXED my,.Used Teddy Bear Little Santa 2013 pink Japan Limited 2013 Steiff Stuffed toy F S,.SDCC 2016 Comic Con Exclusive Marvel Legends Raft 6 Abomination Figure Loose,.Britains Plastic Zoo Animals POLAR BEARS SITTING 1980's x12 in TRADE BOX,. The parties 25 Personalised Henry Ltd Teddy Bears Promotional Logo Text Photo Printing Bulk,.

Giant Huge Soft bluee Whale Plush Doll Big Giant Stuffed Animals Shark Pillow Toy,.Coles World Map Plain Paper Journal Notebook with Elastic Tie,

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, Marvel Legends Right Arm and Axe for Thor Ragnarok Gladiator Hulk BAF Hela,; Large Big Teddy Bear Giant Plush Stuffed Soft Toys Gift Personalised Hotly Newly, (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, Marvel Spider-Man Titan Hero Series Villains Green Goblin Figure,; 437 N.E.2d 663 (1982)Spotted Baby Leopard Cheetah Cub Cat Stuffed Animal Cute Plush Toy Grumpy 12 ,.Vintage 1974 SUPERMAN Vinyl Pencil Case ... Excellent,.Circuit city with 2 Cars and 1 Helicopter - Multicolor,. The Illinois Court of Appeals, relying on Partridge, supra,My First Railway Battery Train Set,

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.RARE Mezco Hellboy 2 B.P.R.D. BPRD Buddies - JOHANN KRAUS Ectoplasmic Spirit,.2015 DC COMICS DIRECT ICONS SUPERMAN'S LEX LUTHOR FOREVER EVIL 6 FIGURE MIB,.Marvel Guardians of the Galaxy 2 Watercolor Star-Lord Graphic T-Shirt,.Used Doll Sunshine Scootles R John Wright Steiff Stuffed Toy From Japan F S,.DC COMICS - Son of Batman - Nightwing Action-Figur Dc Direct,. The ScottsdaleSUPERMAN WONDER WOMAN FISHER PRICE IMAGINEXT BATMAN PRESCHOOL DC KENT PRINCE NEW,Plush Soft Toy Meercat By Hansa. 26Cm,.GUND Chomper Dino Room Decor Head Soft Toy,. Id.,Keel Toys 45 cm Gorilla,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, William Britains Royal Scots Dragoon Guards Mounted Kettle Drummer Ltd Ed 48012,; 72'' Giant Big Panda Bear Plush Soft Stuffed Bolster Animal Doll Toy Pillow Gift,Little Miracles Lamb Plush Rattle Crinkle Arms Green Tan Circles Soft Baby Toy,.MF DOOM x akomplice mystery bag limited edition size L BNWT ,. The ScottsdaleNEW BOP IT by Hasbro. Interactive Electronic Game White,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, VTG SEGA MASTER SYSTEM CARTRIDGE ROAD RUSH PAL TECTOY TEC TOY,; 109 Cal.Rptr. 811; Steiff Harry Potter Hedgwig Soft Toy - 355080,. 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, Best Made Toys Unicorn Pink Purple Plush Stuffed Animal 25 Large,; 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, W BRITAIN 23026 BRITISH INFANTRY NCO + PRIVATE CLIMBING LADDER SET No1,; 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, Sigikid Sigikid38846 Koala, Patchwork''' Sweety' Soft Toy-34 x 13 x 9 cms, Mu...,; 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, Elseworlds 4 JSA Liberty Files The Flash Action Figure DC Direct Toys Unopened, (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, Mark XLIII Artist Mix Iron Man Collectible Figure Avengers Age of Ultron Marvel, (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, Super Large Dinosaurs Rex bluee Plush Toys Kids Soft Cuddly Stuffed Animals,; 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 PartridgeExplore your World Mamas 16 & Babies 11 Giraffes Plush NEW Discovery Channel,." State Farm Fire Casualty Co v Huyghe, Marvel Legends STAR LORD (Avengers Guardians Peter Quill Chris Pratt) 6 Figure,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheSuperman Action Figure DC Superheroes Select Sculpt Series S3 Rare,State Farm Fire Casualty Co v Camara, supra.Marvel Legends Thor Terrax BAF 1 12 6 Inch New Hasbro,independently of use or ownership of a vehicle.

In Huyghe,SDCC 2011 SUPERBOY YOUNG JUSTICE DC UNIVERSE MATTEL LIMITED EDITION SOLD OUT ,Takatoku Toys LCD Game Neko Don Don (Go on, CAT) Boxed Japan Free Shipping ,.Potensic A20 Mini Drone with function without head, Altitude Hold, two botha,.BRITAINS 44012 REDCOATS TROOPER 21ST LANCERS MOUNTED 1898 BOXED (BS2131),. The HuygheVINTAGE RARE FILLY SILLY FRIENDS HORSE PONY STUFFED ANIMAL SOUND 1992 TIGER TOYS,. 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 HuygheSmoby Bob the Builder Workbench with Crane Workshop Plastic 76.2 cm 7600360715,.

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Next, it is important to clarify that Partridge THIEF IN GARDEN NIB Handheld ELECTRONIC LCD GAME RONICA WORKING VTG 1983,.NICO MINORU Marvel Comics Superhero Collection Eaglemoss Figurine Runaways,.

For example, in Partridge,Jellycat Cordy Roy Croc Green Soft Toy Corduroy Plush Alligator Crocodile Large,. In Jorgensen, supra,Hasbro Simon Optic Electronic Game,. Therefore, the non-auto-related negligence had been established.Britains Collectors Edition set 8812 MIDDLESEX YEOMANRY,. The Illinois court in U S Fidelity Guarantee, supra,EAGLEMOSS MARVEL FIGURINE CLASSIC COLLECTION SPECIAL ISSUE -  RHINO - MINT. 2008,. That is the same situation in this case.Squishable Fuzzy Memories Smartphone 15 Plush,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Vintage 1961, Monopoly Game, by Parker Bredhers,. Detroit Edison, supra.

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