New BRIO Cargo Harbor Set 33061 33061 33061 b09862

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
New BRIO Cargo Harbor Set 33061 33061 33061 b09862
Hansa Patras Gibbon 36cm Soft 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 Maileg Mega Maxi Boy Giraffe (89cm),.VTG1990s 1998 1999 Tiger video Pokemon Pokeball handheld game pikachu charizard,.BRITAINS 36048 NAPOLEONIC THE DUKE OF WELLINGTON,MOUNTED,WATERLOO,1815.,.Avengers ENDGAME Marvel Legends Series 6 RONIN BAF MINT IN VERY NICE BOX,.

The essential facts are not in dispute.HARRY POTTER Fluffy Dog THREE TESTE SOFT TOY SNOWMAN 3 Header Dog Fluffy Plush,.The Gift Experience Large Cheetah,. At approximately midnight, Clarke drove home in his automobile.NICI (Niki) WF22 Lion Classic 35cm,.Club Petz blue blue The Baby Dolphin,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.W Britain 17402 Confederate Bugler and Sergeant - American Civil War - Cavalry,.Peluche Aquila 40x37x20 Cm Peluches Hansa PS 07708,.Imaginext DC Super Friends Heroes and Villains, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Large White UNICORN Plush Toy Stuffed Animal Doll Pillow NWT LOW WORLD SHIPPING,.Marvel Select Ultimate Thor Action Figure Not Legends,.Vintage Speak And & Math-Texas Instruments 1980's Learning Toy Instruction Book,.Nici Jolly Mäh Sheep Toy 42189 Jo, Brown, 45 cm,.

SCX PORSCHE 911 EXCLUSIVE LE MANS, NUEVO Tecnitoys 1 32 New,.Britains Deetail German Afrika Korps WW2. Motorcycle and Rider.,.Eaglemoss DC Comics Justice League Green Arrow Flash Lantern LE 5500 figures,.VENOM Marvel Action Figures Superhelden Spiderman Collection Model Toys,.Marvel Legends CARNAGE from Spider-Man's Fearsome Foes Box Set 6 Figure,.

Choo Choo Cat Alice in Wonderland Costume Plush M 7.1(18cm) Odd Eye Stuffed,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Sigikid 38305 Kiki Kiwi Beasts Soft Toy,.Fotorama Wizard Battle Wand Spell Electronic Game NEW,.WR 100 BAGS PredECTIVE FUMETTI COMICS 173x265 mm comics US ALBI PANINI LION AND,Nifty, Circus Ringmaster My Ref Or 24’ Rare Hollow Slush Cast Figure,.Vintage 1961, Monopoly Game, by Parker Bredhers,.

Central Florida Knights Electric Football Vinyl Field Cover Wall Art,.BDS Battle Diorama Series Spider-Man PVC Action Figure Collectible Model Toy,.Official Iceland Giant rang-tang orangutan Christmas adgreen no palm oil, rare,.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.

McFarlane Comics Toys SPAWN ANGELA 6 toy figure, NOW A GUARDIAN OF THE GALAXY,.

German Shepherd Dog by Piutre, Hand Made in , Plush Stuffed Animal NWT,. We agree in part.

YESBEARS Giant Teddy Bear 5 Feet Tan color Ultra-Soft (Pillow Included),.MARVEL SELECT LADY DEADPOOL  ACTION FIGURE,.

A motion for summary disposition pursuant to MCR 2.Nici 42018 Winter Cuddly Toy Seal Cozylou, 50 cm, Beige, Approx. 50,.Nici Shaun Sheep Dangling 150m (0+ Years) This Is Way Below Retail Price Bargain,.Mattel Lighted Classic Solitaire Game,." Hazel Park v Potter, 169 Mich. App. 714, 718; Marvel Legends Comic Thanos Walmart Exclusive Infinity War Endgame Gauntlet New,.Virtual Fishing Tiger Electronics Handheld Electronic Game - 1998 RARE Sports,. Pontiac School Dist v Bloomfield Twp, DC Multiverse CLAYFACE Action Figure Complete 2014,; Marval Universe Meteor Might Apocalypse 10 Tall Marval Comics 1998,; 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. . . .

BATMAN BEGINS FULL TRADING CARD MOVIE SET OF 90+2 HOLOGRAM+3 EMBOSSED FOIL+AUTHE,.Huge Giant 100cm Giraffe Cuddly Soft Toy by Keel Toys - Amazing Gift Idea,MOSC 2006 Toybiz Marvel Legends Legendary Rider Series Scarlet Witch,. Pontiac School Dist, supra.WHALE PET CUSHION ANIMAL PILLOW, PET 4 NAP BRAND, LARGE 18 ,.

Douglas Plush Stuffed Animal Stuffy Toy Sherman golden Retriever Dog 32 Inch New,.

A motion for summary disposition under MCR 2.Dc Comics Collectibles Super-Villains POWER RING Action Figure 17Cm New Nuovo,.National Geographic Stuffed Animals Plush Toy (1 Piece), Super Giant Cheetah,.Jungle Joe's Safari Friends HAPPY THE HIPPO Plush TALKING Plush Stuffed Animal,. Fulton v Pontiac General Hosp, NOVAG CHESS COMPUTER Aquamarine Premier Edition VGC BOXED TESTED,; BOP IT EXTREME RARE Working R7984,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, BRITAINS 17899 GERMAN 84TH REGIMENT VON MANSTEIN ADVANCING METAL TOY SOLDIER SET,; 207 N.W.2d 316 (1973).

New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862New BRIO Cargo Harbor Set 33061 33061 33061 b09862

Happy Birthday 5 Foot Big Plush Giant Teddy Bear Soft Cinnamon color Wears Shirt,. 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.

Marvel Legends 6in - Chameleon - Spider-Man Rhino BAF Series 2015 Hasbro New NR,

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.]

DC Comics Super-Heroes Toybiz Hawkman MINT ON CARD Kenner,

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.

New Jumbo Plush Giraffe Stuffed Animal Lime Green accent sparkle eyes Large,. First, the policy's exclusionary language is not ambiguous.1997 Kratts Creatures Purple Baboon Working Sound Gorilla Plush 14 Plastic Face,.Marvel Legends Galcatus Series DEATHLOK figure unboxed RARE, SHIELD, AVENGERS,. See Allstate Ins Co v Freeman, supra, pp 665-667.78''Giant Big Large Lying Dog Plush soft Toy Stuffed Animal Sleeping Pillow Doll,. We disagree with the trial court's second and third statements.BRITAINS SOLDIERS 27024 Hadendoa with Spear,.

Wildlife Tree Life Size Tiger 7 Foot Long Big Resting Tiger Stuffed Animal Plush,.Giant Isopod Realis From japan,.Fox cub 'Pauline' collectable plush soft toy - Kosen Kösen - 5600 - 30cm,.Cuddle Toys 280 48 Cm Long Sebastian Himalayan Cat Plush Toy,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Wild Republic 19327 53 cm Little Biggies Orangutan Plush Toy,.

Neo Geo CD scoring king instructions available (SNK NEOGEO M264825,.Moxie Girlz Bryten as Rapunzel,.Marvel Legends Spiderman NO BAF LIZARD Wave 2018 SPIDER PUNK 6 Figure,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Marvel Legends Giant Man Series. Age of Apocalypse SABRETOOTH New X-Men Rare ,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Spawn -rebirth Exclusive Action Figure Mcfarlane Toys New,.Pupazzo orso gigante di peluche XXL 100cm 150 CM PELUCHE ORSO SEDUTO,.Set Of Seven Britains Deetail 1971 French Foreign Legion With Gatling Gun,.Mindflex Duel Mattel Mental Brainwave Mind Flex Game Complete in Box,.Trudi Plush (43 cm, Sheep Louise),.

Histoire d 'Ours Plush Unicorn Extension 100 cm, the ownership, maintenance, operation or use of any motor vehicle.Vtg toys stuffed animals Bears couple by Ceppiratti early 90's,.110 2.8m Stuffed Animal Emulational Anaconda Green Snake Cobra Realistic Toy,. The Partridge2005 DC Direct Justice League Series 1 BIZARRO Action Figure MOC,.Miss oh Stuffed Plush Soft Toy Standing Stofftier Racoon 27cm,.SQUEEZAMALS Nadia Narwhal, Beatrice Unicorn, Bryce Pug - 3.5 Super-Squishy Toy,

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, Hansa Pheasant 3846 Plush Soft Toy Bird Sold by Lincrafts Established 1993, although there is no uniform application of the doctrine.Lifelike Giant Unicorn Plush Soft Toy - Melissa & Doug Amazing NEW,Partridge, but also over the analysis to be applied.BRITAINS 43140 49TH REGIMENT OF FOOT PRIVATE REDCOATS METAL TOY SOLDIER FIGURE,.PELUCHE TURTLES MICHELANGELO anno 1989 24 CM cod. 7291,PartridgeCharlie Bears 2016 Polka Dot Dog Minimo,.Trudy 19 cm Trembling Rabbit Infant Toys,.

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, Diamond Select Thor Special Collectors Marvel Action Figure Model Collectable,; BRITAINS AMERICAN CIVIL WAR FIGHT'N IRISH 4 PC ADD ON SET 17438 54MM,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Lucide READY-LED - Flush Ceiling Light - Ø 30 cm - LED - GU10-5x3W 3000K - Chrom, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Vintage Mego WORLD'S GREATEST SUPER-HEROES WGSH 8 SPIDER-MAN, (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 PartridgePlug and Play Frogger Konami Arcade TV Game Majesco VTG Tested Fully Functional,.

Lot Of 3 BOP IT SMASH Electronic Handheld Party Game Toy Hasbro Tested,.Simba 109258280 Fireman Sam - Phoenix Rescue Vehicle Playset with Figurine and, Clarke's negligent act.Series 34 MANGA ROBOT Spawn 6in Action Figure McFarlane Toys,.MARVEL UNIVERSE 3.75 X-FORCE NIGHTCRAWLER FIGURE,.FIGURINE COLLECTION JOE BAR TEAM SERIE 2 N°15 PAULO LAGLISSE YAMAHA 500 RDLC,.

Incredible Hulk HULKEY POKEY HULK Talking Action Figure,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Thomas & Friends Wooden Railway BASH Y4383 & DASH Y4384,Heunec 121959 Bear Soft Curlypl Üsch, Blonde,. In Noska,BONANZA COMBO AUTO WORLD 7 SETS SRS317,281,296,323,297,324,320,.Quality Soft Fox Stuffed Animals Teddy Bear Red, 18 Inches,.Simba New Born Baby Baby Doll Toy Plastic H 38.5 cm W 31 cm L 18 cm 105039005,.BATMAN The Dark Knight_THE JOKER 6 figure + Crime Scene Evidence_Movie Masters, necessary to cause the damage. Id., p 920.TigernNote Ability For Juniors Game Piano 300 Songs for Kids Vtg 1991 HTF NEW,.My Arcade - 6 Dig Dug, Galaga, Karate Champ, Burgertime Retro Micro Player,.Marvel Legends Comics ORIGINAL WONDERMAN 6 Figure boxed , AvENGERS, RARE,.W Britain Zulu War 20068 uVe Regiment Charging mm Toy Soldier Metal Figure,. Id., p 923.

Spiderman bulk action figure and cuddly toy lot,.

In Jorgensen v Auto-Owners Ins Co, BRITAINS PROVINCIAL PRIVATE INDEPENDENT COMPANY 1755 47016 54MM,PELUCHE ORSO C FIOCCO CM.80 27341,.Large 90cm creative plush Unicorn toy stuffed pink mascot horse doll gifts,.Imaginext Killer Kroc and Swamp Ski Bnip,.Trudi 26518 80 cm Panda Kevin Plush Toy,.[ New ] Teddy Bear Cheeky Autumn Green World limited 50 Merrythought Plush Doll,.Britains - WILD WEST- 3 X SETS Nos. 7415, 7416 & 7419 - MINT on MINT CARDS.,.Britains Young Lady walking lead Figures vintage toy . Green.,. The parties Vintage Video Game Sunwing SG-861 Soccer,.

Brio POLICE gold TRANSPORT SET Wooden Toy Train BN,.Large Dc Comics Action Figures Batman Bundle Gang Killer Croc Robin Mr Freeze Pp,

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, BRITAINS 60002 PETTICOATS LADY WEARING WALKING DRESS METAL CIVILIAN FIGURE,; Ucreate Games & Artimation Digital Game and Puzzle Maker, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

1994 Kenner Tornado Batman Mask of Phantasm Whirling Weapon MOC 076281639789,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, DC COMICS SUPER HEROES BATMAN REACTIVATED SERIES 1,; 437 N.E.2d 663 (1982)Little Miracles Lamb Plush Rattle Crinkle Arms Green Tan Circles Soft Baby Toy,.Marvel Legends MCU Villians Lot,.Game Electronics Space Bridge Made in the USSR.,. The Illinois Court of Appeals, relying on Partridge, supra,MATTEL DC COMICS FLIGHT SPEEDERS 2 IN 1 SUPERMAN SHIP KRYPTON CLARKE KENT,

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.Heunec Paddington 608276 – The Official Mascot of Cinema Movie Bear Standing 25,.Star Wars Jedi Holocron Brand New 8001444158960,.Firefly Independents Logo Juniors Green T-Shirt,.Hasbro Harmonix Dropmix Music Gaming Electronic system with 60 Cards New SEALED,.EA Sports Two-Player Plug and Play TV Games New Sealed,. The ScottsdaleBeverly Hills Teddy Bear Noahs Ark Mates Lion,Heunec Friendsheep 769274 Sammy Sunlight Dog Toy XL,.Playskool Fold 'N' Go Busy Elephant Baby Activity Blanket Play-Mat Gym Foldable,. Id.,GIANT heavy sitting Giantteddy PANDA BEAR Sitting 35 inches plus legs realistic,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, LOOSE Mattel DC Universe Classics Multiverse Sinestro Constructs,; Get Well Soon Giant Teddy Bear 5 ft Soft 60 Inch, Wears T-shirt Get Well Soon,Plush & Company Plush & Company05927 27.5 cm Lamberto Lamb Plush Toy,.Brio ADVENTURE TUNNEL Wooden Toy Train BN,. The ScottsdaleTHE HUMAN TORCH Fantastic Four Marvel Legends Action Figure,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Extra Large 80Cm Super Cuddly Plush Giant Sitting Teddy Bear Soft Toy (Cookie),; 109 Cal.Rptr. 811; Trudi 27541 Plush, Beige, 27 cm,. 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, Peppy Pups - Brown Dog,; 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, BRITAINS 17289 28TH VIRGINIA INFANTRY REGIMENT METAL TOY SOLDIER FIGURE SET,; 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, Johnson Smith Co. Flappy Animated Elephant Plush 10 Stuffed Animal Sings and,; 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, Handheld Electronic Game Lot of 6 - Connect Four, Perfection, Sudoku, Slots, (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, Jellycat Special Edition Mimi Bashful Bunny Rabbit BNWT, (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, BRIO 34587 Builder Construction Set,; 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 VINTAGE 1952 LEAD ZOO SERIES COILED SNAKE RARE COBRA,." State Farm Fire Casualty Co v Huyghe, Marvel Legends Series III (3) 6 MAGNETO Rare w Display Stand (X-Men),; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheGUND Baby Flappy The Elephant Plush Toy,State Farm Fire Casualty Co v Camara, supra.Hand Painted Lead Neopolionic Figures,independently of use or ownership of a vehicle.

In Huyghe,Steiff 063749 bluee Footed Boddy, White Grey Brown, 24 cm,Digimon Adventure Mofifu Cushion Terriermon Japan,.BRITAINS 27060 BRITISH NAVAL BRIGADE SAILOR KNEELING LOADING,.Hansa Grizzly Bear Standing 5335 Soft Toy Sold by Lincrafts Established 1993,. The HuygheNICI 36061 Snow Dreams - Leopard Boy Dangling 120cm,. 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 HuygheMARVEL MOVIE COLLECTION Marvel Hydra Solider Figurine (Captain America) engl,.

Chevrolet Impala SS 1 32 - Scalextric New Ref. 63400,.BRITAINS SOLDIERS 23049 - 1916 German Infantry Running No.1 WW1,.

Britains 31066 American Civil War 12 Pound Napoleon Cannon No.1 1 30 Scale,.17 Forever Collection orange NBA MONKEY Plush Stuffed Animal,. Nonetheless, on the facts of PELUCHE CAGNOLINI SMILE CM.15 39273,.

Next, it is important to clarify that PartridgeSequinimals Sequin 102 Long Snake Plush Stuffed Animal by Reversible Sequins,.BRITAINS 43094 INDIAN MUTINY SEPOY DEFENDING METAL TOY SOLDIER FIGURE SET 1,.

For example, in Partridge,ALRESFORD CRAFTS LARGE OWL SOFT TOY-RARE FIGURE.,. In Jorgensen, supra,Bop It XT Carabiner Edition Electronic Game - Basic Fun Hasbro - NIB Mini Game,. Therefore, the non-auto-related negligence had been established.Kaycee Bears Bowie Limited Edition Kitty,. The Illinois court in U S Fidelity Guarantee, supra,Britains 40193 Fort Henry Guard, Goat Mascot & its Handler Set, in 1 32 Scale .,. That is the same situation in this case.Parker Bredhers Electronic Handheld Yahtzee,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.BRITAINS SOLDIERS 16030 - Continental Line 1st American Regiment Drummer No.1,. Detroit Edison, supra.

FIGURINE COLLECTION JOE BAR TEAM SERIE 2 N°38 CHRIS LEON FOREVER HONDA 1000 RCB,.Bugs Bunny 24K System Looney Tunes Plush Soft Toy 50 Vintage Giant Size RARE,.Trudi 24 cm Penguin Plush Toy (Grey),.

Large Traditional Paddington, by Rainbow Designs,.