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 BRITAINS 17714 WW2 NORMANDY 1944 BRITISH INFANTRY ADVANCING SET MM FIGURES,.Pokemon Center original stuffed toy life-size Fokko,.Marvel Ant-Man Infinite Series Marvels Tiger Shark Figure BaF Ultron New,.NEW - SEAN Teddy Bear - Cute Soft Cuddly - Gift Present Xmas Birthday,.
The essential facts are not in dispute.Sigikid 38483 Müsli Maus Beasts Soft Toy,.7 KATANA figure DC BOMBSHELLS collectibles ANT LUCIA comics DESIGNER SERIES 08,. At approximately midnight, Clarke drove home in his automobile.BRITAINS BOXED SET 139 CHASSEURS A CHEVAL 1920s,.110CM Giant Large Bg Girl Kids Pig Plush Soft Toys Stuffed Animals Doll Gift,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.SIMBA – Masha 23 cm Michka 43 cm WB Plush Toy 7 109301016WEB, Multicoloured,.Toys R Us Unicorn Surprise Livia & Her Babies Toy Just Play,.Trudi Puppet Cat with Kitty Soft Toy, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Bat man begins bat mobile 2005,.Gotham TV Series Det. Jim Gordon Action Figure Diamond Select,.Giant Plush Teddy Bear 30 Stuffed Animal Soft Toy Huge Large Jumbo Gift New,.Marvel Legends Spiderman Ultimate Spiderman 6 Inch Action Figure Hasbro,.
Marvel 4 Metal Figurines - Spider-man,.Darts Harrows VOODOO BRASS GK steel 19, 21, 23, 25 or 27 gr,darts steeltip,.Merlin Jeu Electronique Vintage Miro meccano pour circuit bending ou collection,.BRIO Classic Railway - Figure 8 Set,.East Carolina Pirates Electric Football Vinyl Field Cover Wall Art,.
BRITAINS LEAD PRE-WAR FARM or GARDEN FOLDING TABLE Hard to Find... ,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.DC Marvel Figurine Collection, Luke Cage, Mr Terrific, The Falcon, magazines Inc,.Britains Unattributed Group of 5 Camels 3 Mounted 2 with Gun Carriage pictures,.DC Comics Films Superman Premium 6 Toy Action Figure, Justice, Batman vs,BRITAINS 31055 UNION INFANTRY CHARGING NO.1 CIVIL WAR METAL TOY SOLDIER FIGURE,.Soviet USSR ELEKTRONIKA Game Watch - KVAKA-ZADAVAKA NEW ,.
40'' Giant Big Huge Elephant Plush Soft Toys Stuffed Animals Kids Birthday gift,.Heunec 237179 MI CLASSICO Faultier mit Magnettis Cuddly Toy, Brown,.Plug and Play Frogger Konami Arcade TV Game Majesco VTG Tested Fully Functional,.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.
Trudi 19359 Soft Toy X-Large White,.
Detective Conan Layered Plush Toy Tea Poaro ver. All 3 types,. We agree in part.
BRIO Cargo Harbour Set 33061 16 Piece Wooden Railway Set - Great Value,.BRITAINS 17437 AMERICAN 20TH MAINE + 15TH ALABAMA METAL TOY SOLDIER FIGURE SET 3,.
A motion for summary disposition pursuant to MCR 2.PELUCHE DORAEMON 80 CM - 024 260003480 GATTO CARTONI PUPAZZO MORBIDO GIGANTE,.MARVEL LEGENDS Infinite Series DEADLIEST FOES 6 Figure With Part 5 Leg,.Marvel Avengers Titan Hero Series Winter Soldier 12 Action Figure Hasbro,." Hazel Park v Potter, 169 Mich. App. 714, 718; Radica Challenge 20 Q Questions Electronic Family Party Table Top Game,.Steppenwolf DC Universe Classics Wave 11 Action Figure 7 N7188 New NRFP 2009,. Pontiac School Dist v Bloomfield Twp, Selens 150cm 16 Rods Octagon Parabolic Umbrella Softbox with Bowen Bag for,; Offical Dungeons and Dragons computer product,; 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 DEETAIL KNIGHTS With Weapons 1971 JOB LOT. ALL 12 POSES ALL IN 1 PLACE.,.Hasbro Marvel Legends Series Avengers Infinity War 6 inch Iron Spider Thanos,BRIO Infant & Toddler - Pull-along Bumblebee,. Pontiac School Dist, supra.Accel World Kuroyuki hime Bunny Girl PVC Action Figure Model Doll Kids Gift,.
Happy People 58983 Haflinger Thgoldughbred Horse,.
A motion for summary disposition under MCR 2.Transformers Studio Series Movie Shadow Raider NEW,.IKEA Landet Plush Fold-Up Farm Playset - 24 Piece Play Set.,.Saitek Pro Roulette Collectable Handheld Game,. Fulton v Pontiac General Hosp, Pier 1 Virgil the Sloth Stuffed Animal,; Trudi 36 cm 'Rabbit Cremino' Plush Toy (Pink),. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, NIGHTWING Batman Arkham Knight 6.75 Action Figure DC Collectibles 2015 NEW,; 207 N.W.2d 316 (1973).
Crescent, Treen From Dan Dare (Ref Or 787’) Lead,,. 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.
Comfy Critters Stuffed Animal Plush Blanket – PAW Patrol Skye – Kids Wearabl,
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.]
Cuddle Toys 506 bluee Whale XL,
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.
Sneak A Peek Puppies Stuffed Animal Pug As Seen On Tv Snaps Curl Up Nwt Toy Play,. First, the policy's exclusionary language is not ambiguous.Dc universe batman arkham city legacy edition catwoman and batman,.TAYLOR & BARRETT RARE PREWAR HOME SERIES 10 Pc LEAD FIREPLACE & COMPANION SETS,. See Allstate Ins Co v Freeman, supra, pp 665-667.DC Comics BATMAN Futurtistic Style BATMOBILE for use with 4-5 figure, VERY NICE,. We disagree with the trial court's second and third statements.Newest 80cm Large Plush Elephant Toy Stuffed Animal Jungle Elephant Gift Doll us,.
Britains 00318 - Hussar Regiments of The British Army 1880-1914. MIB.,.Brio TRAIN STATION Wooden Toy Train BN,.Massive Teddy Bear Cuddly Toy Plush Brown 200 cm Valentine Gift For Her,.55'' Large Animal Koala Bear Plush Soft Toy Cartoon Stuffed Koalas Doll Gifts,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.NFL Electric Football licensed Tudor Games metal board 85 pieces,.
My Arcade - 6 BurgerTime Retro Micro Player [Brand New],.BRITAINS 36000 BRITISH COLDSTREAM GUARDS STANDING FIRING TOY SOLDIER FIGURE,.DC DIRECT greenigo Fables Snow White Bust 0032 1000 Limited Edition Figure BNIB,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Blake & Mortimer - Hachette - Les 3 Formules du Professeur Sato le Samouraï,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.SPIDER-MAN - MARVEL HEROES FIGURE FACTORY UNMASKED. TOYBIZ 2005,.Marvel Avengers TITAN Captain America 12 ORIGINAL Talking Hasbro NEW Free Ship,.88-Key Usb Midi Keyboard Controller With Pitch-Bend Modulation Wheels New,.Marvel Iron Man 2 Hall of Armor Collection MARK lll Figure w Light Up Base,.Arkham City DC Comics Multiverse Batman Beyond Action Figure,.
DC UNIVERSE - BATMAN - FIGURA BATMAN ROBOT BATMAN FIGURE 30cm, the ownership, maintenance, operation or use of any motor vehicle.Brand New BRIO bundled lot 33944 Ice Cream Shop 33946 Market Stand Free Shipping,.Super Friends 8 Inch Retro Style Action Figures Series 6 Sinestro,. The PartridgePokemon Pokedex - Tiger 1999 - Fully Working,.Vintage Rare DOSHIN IND CO LTD Parachute Nylon Plush Dog Puffalump Style 80s,.Victoria Secret Rare Cheetah Dogs,
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, Käthe Kruse Lamb Mojo pink hellblue, although there is no uniform application of the doctrine.9 Peluches Originali di Personaggi dei Cartoones - Originali con etichetta,Partridge, but also over the analysis to be applied.Stuffed Plush Monkey Red Shirt and HatLetter R on Shirt16 Free U.S. Shipping ,.1993 Ertl My Little Angel-Faith,PartridgeMarvel Comics Legends HERCULES figure 6 toy figure, Avengers Member RARE,.Secret Life of Pets Max Plush Clip-Ons 100 pieces,.
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, American Made Giant Stuffed White Elephant 3 Feet Long Soft Large Stuffed Animal,; Ravensburger BRIO World - Metro Tube Train .,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, 1999 Tiger Electronics Hollywood Sqaures Handheld Game Brand New, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, BATMAN ANIMATED SERIES CREEPER AF, (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 PartridgeHB211a Benbros Lead Farm Animals x 24 - Cows, Sheep, Goats, Donkeys, Pigs,.
Rare World 100 Limited Sweepstakes Winner Ponta x Tezuka Osamu Nuigurumi Comp,.BRIO Vintage SEA WHARF lot QUAY BARGE SHIP & CRANE Wooden Railway 1980s, Clarke's negligent act.Squishable Fuzzy Memories Smartphone 15 Plush,.MANHATTAN TOYS 24 INCH 2002 blueE TERRY CLOTH THUMBS UP MONKEY PLUSH WITH TAGS,.Central Florida Knights Electric Football Vinyl Field Cover Wall Art,.
DC DIRECT COLLECTIBLES LEGION OF SUPER HEROES LOSH SERIES FERRO LAD FIGURE,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, PELUCHE PLUSH TOY H 65 CM,BRITAINS ZULU WARS 20089. ROYAL ARTILLERY LAST SHOT. ,. In Noska,Radica Talking Bingo Caller Unit Tested Works Replacement Electronic,.LOT NICE 2 Fluffy Buddy BIRDS 19 Plush Stuffed Animal By R.I.Novelty with tags,.NEW - PERU Flag Teddy Bear - Cute Soft Cuddly - Gift Present Xmas Birthday,.BRITAINS 17821 WW2 NORMANDY 1944 US 30TH INFANTRY OFFICER & NCO 54MM FIGURES, necessary to cause the damage. Id., p 920.Britains Redcoats 44015 Highlander Gordan Highlanders (92nd) 1815 54mm, MIB,.FUNKO POP MOON KNIGHT (GITD) STAN LEE CONVENTION EXCLUSIVE COMIKAZE,.BRITAINS 1930s RARE LEAD FARM SERIES STILE FOR ENGLISH FLINT WALL,.25 Personalised Louis Lion Soft Toys Promotional Logo Text Photo Printing Bulk,. Id., p 923.
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In Jorgensen v Auto-Owners Ins Co, Trudi Perla 23675 Soft Toy Lamb,NEW DC Designer Series Bombshells Wonder Woman by Ant Lucia Action Figure Toy,.Cuddle Toys 284 48 Cm Long Kiki Ragdoll Cat Plush Toy,.Cinnamgoldl Lolita Head Dress M,.German Shepherd Dog Puppy by Piutre, Handmade in , Plush Stuffed Animal NWT,.PLAYWELL TOY INC St Bernard Brown White Puppy Dog Plush Stuffed Animal Toy 17 ,.VINTAGE ARKAY INTERNATIONAL BROWN POTBELLY PUPPY DOG STUFFED ANIMAL PLUSH TOY,.Hasbro Marvel Titanium Man from Iron Man Movie Figure series NEW 2008,. The parties Steiff Greta Giraffe Plush Beige Brown,.
Lelly LELL4 770811 Lelly NGS Oryx Gazelle Soft Toy, Multi-color,.SPAWN SHADOW HAWKS FIGURE WITH ACCESSORIES NEW AND SEALED FREE P&P,
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, Littlest Pet Shop 2008 Hasbro gold Key-chain handheld game USED Works,; BRIO World - Train Garage, (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 Kawaii Art Collection Special Plush Toy Spider-Man,; 437 N.E.2d 663 (1982)Used Doll Sunshine Scootles R John Wright Steiff Stuffed Toy From Japan F S,.Vintage Britains No.653 Swoppets Trade Box Of Eight Cowboys Firing 1.32 Figures,.Vintage lead 2 figures one lady carrying a bag and a purse and one man with hat,. The Illinois Court of Appeals, relying on Partridge, supra,New Green Lantern Funko Pop Exclusive PX Preview,
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.THREE BEARS Smokey's Furry Forest Friends Raccoon Plush Stuffed Animal Toy 9 ,.Large White UNICORN Plush Toy Stuffed Animal Doll Pillow NWT LOW GLOBAL SHIPPING,.The Puppet Company Medium Sized Puppet Buddies Girl Hand Puppet - Dark Skin Tone,.Marvel Spider Man Venom NRevoltech Series No.003 PVC Action Figure Toys New,.KOSEN Made in Germany NEW Mother Deer Doe Plush Toy,. The ScottsdaleSOUTH PARK CHEF peluche sonido 40cm,55'' Giant big panda teddy bear plush soft toys panda doll birthday gift 140cm,.PELUCHE GATTO THE GREAT LOKE,. Id.,Penguin with ice and mobile ZOO (japan import),.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, BRITAINS AMERICAN CIVIL WAR UNION CAVALRYMAN PRIVATE MM,; Unicorn Surprise 12 Plush Crystal, Multicolor,Hasbro Harmonix Dropmix Music Gaming Electronic system with 60 Cards New SEALED,.DC COMICS COLLECTIBLES BATMAN ANIMATED SERIES RA'S AL GHUL FIGURE NEW ,. The ScottsdaleCuddle Toys 1855 61 cm Long Willard Sr English Sheepdog Plush Toy,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Salco, PLUTO, pencil Sharpener, Or 249’ Pluto On Top Of Kennel,; 109 Cal.Rptr. 811; 13pcs Playskool Marvel Super Hero Adventures Star Lord Drax Green Goblin Thor,. 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, Jumbo Floppy Valentine Leopard Plush, 38 ,; 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, Kuscheltiere.biz Red kangaroo JUMPER with offspring 42 cm Plush toy,; 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 00259 THE BOER WAR CENTENARY SET 12 FIGURES & OUTER - LIMITED EDITION,; 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, DC Direct Justice Society of America Sandman Action Figure, (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, 24 Giant Light Brown Teddy Bear Kids Stuffed Animal Cuddle Toy Plush Doll Gift, (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, Yo-kai watch is a stuffed toy, it's Nyan Sukakanan,; 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 PartridgeBRITAINS, SKI TROOPER, Boxed Set 2037, 1949 50, Near Mint with Card Insert,." State Farm Fire Casualty Co v Huyghe, Imaginext FDX24 DC Super Friends Arkham Asylum Playset Brand New Fast Postage,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheMind Flex Game Mattel Brainwave Telekensis Complete,State Farm Fire Casualty Co v Camara, supra.Very Rare All 4 X-Men Burger King 4 Figures MARVEL COMICS 1996 The Complete Set,independently of use or ownership of a vehicle.
In Huyghe,BRITAINS 24006 ELITE FORCES BRITISH ROYAL MARINE COMMANDO 1944 METAL TOY SOLDIER,Barbie Collector Justice League Wonder Woman Doll Toy Play MYTODDLER New,.LITTLE JELLYCAT STARY NIGHTS RETIRED SOFT TOY ELEPHANT,.Red Skull Marvel Legends 10th Anniversary Studio 6” Figure Captain America ,. The Huyghe1980 Raise the Devil Pinball Vintage ENTEX Electronic Handheld Video Arcade Game,. 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 HuygheRare Bambino Safari Vintage 1981 VFD Electronic Game ( Mint ),.
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Next, it is important to clarify that PartridgeBRIO 34587 Builder Construction Set - Builder Educational Age 3-5 Years,.Skelanimals DC Comics Super Hero Superman Dax 10-Inch Plush Toy - Toynami,.
For example, in Partridge,Huge Sit-On Toddler-size Dinosaur Plush Toy Doll,. In Jorgensen, supra,Chantilly Lane Chris and Holly - Twas The Night Before Christmas,. Therefore, the non-auto-related negligence had been established.Hansa White Pomeranian 7324 Plush Soft Toy Sold by Lincrafts Established 1993,. The Illinois court in U S Fidelity Guarantee, supra,golden Retriever lying, 23.5 inches, 60cm, Plush Toy, Soft Toy,. That is the same situation in this case.CONTE COLLECTIBLES ZULU020. HEROES OF THE DRIFT. (4 FIGURES).,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Marvel Legends Series New Thundra Figure Hulkbuster Build A Figure ,. Detroit Edison, supra.
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