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 NEW Fisher-Price Super Friends Little People Race 'n Chase Batcave Joker Cars,.Deluxe Doggy Soft Toy British Gift Souvenirs Toys 30-120cm Bull Dog Bulldog Puff,.William Britains U.S. 101st Airborne Infantry Kneeling Firing Number 25041 NEW,.Figurine Jules Verne Phileas Fogg - Pixi 4338,.
The essential facts are not in dispute.American Made Large Stuffed Koala Bear 26 inch Soft Big Plush Animal Made in USA,.BRIO 33815 Rescue Fire Fighter Set (Wooden Railway) Age 3 Years+,. At approximately midnight, Clarke drove home in his automobile.BRITAINS 5290 ROYAL SCOTS DRAGOON GUARDS LIMITED EDITION WITH OUTER BOX,.Quantum Mechanix DC COMICS Q-FIG FIGURE WONDER WOMAN,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Used Teddy bear APRIL dress bear World limited 1500 Steiff Plush Doll F S,.Fingerlings Baby Monkey Pink with Yellow Hair 27-Inch JUMBO Plush with Sound,.BRITAIN'S 7900 3 X MOUNTED KNIGHTS OF THE SWORD CARED 54MM MOC (BS1402), Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
Marvel Legends Series SDCC 2016 The Raft Comic Con Exclusive Enchantress Loose,.Rough Collie dog 10 inches, 25cm, Plush Toy, Soft Toy,.GIANT heavy sitting Giantteddy PANDA BEAR Sitting 35 inches plus legs realistic,.KAISER Quiche and Fruit Flan Pan Rectangular 35 x 13 cm La Forme Plus Perfect,.
Hush Puppies Beanbags Toys x6,.Melissa & Doug Unicorn Plush Toy White - 30 inches,.Ravensburger BRIO 31357 Stove (White) .,.Imaginext FDX24 DC Super Friends Arkham Asylum Playset Brand New Fast Postage,.Ole Miss Rebels Electric Football Vinyl Field Cover Wall Art,.
DC Classics BAF Build A Figure Anti Monitor Both Torsos Left Arm Head 4pc Lot,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Giant Plush Teddy Bear bear 5 Foot Stuffed Animal Soft Toy Huge Large Jumbo Gift,.Ueno Zoo Baby panda Plush Xiang Xiang Animal The actual size Set,.Wilbur the Explorer Penguin Soft Toy British Gas NEW with COA Certificate,MGA ELECTRONIC WWF HANDHELD RING WRESTLING ARCADE ELECTRONIC VIDEO GAME WWE WF,.Peluche Barbapapà Barbabravo Barbabarba e Barbaforte originali 14 cm morbidi,.
David Ssangmundong Mini Game Room,.THE PEANUTS SCULPTURE - More alimentaire please- Enesco JIM SHORE Figurine,.RARE - Jeu video video game Marvel Spider Man - Tiger electronics - 1988,.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.
TABLEAU CADRE TOILE BETTY BOOP NEUF 60 x 45 CMS (vendeur pro),.
Za291b German 1930's Bear - 22 Tall,. We agree in part.
2008 DC DIRECT ALL STAR SERIES 1 BATGIRL 6 Action Figure,Brand New ,NM ,.ZOP Power 14.8V 5000mAh 30C 4S 1P Lipo Battery XT60 Plug for RC Drone Car M2,.
A motion for summary disposition pursuant to MCR 2.PELUCHE SCHAFFER COLLECTION WOOPSY 35 CM NUOVO ,.Marvel Legends Rhino BAF Series White Tigyer 6 inch figure,.B16021 W.Britain Contenental Army 1st American Regiment Attaining Cartridge,." Hazel Park v Potter, 169 Mich. App. 714, 718; Mattel Lalka Barbie Dreamhouse Adventures Barbie w podróży,.Plushies Wolf Large Soft Stuffed Animal Cuddly Plush Toy Realistic Kids Gift New,. Pontiac School Dist v Bloomfield Twp, 12 PRECIOUS MOMENTS LION WALLACE BERRIE 1985 APPLAUSE STUFFED ANIMAL PLUSH TOY,; 2 Tudor Tru Action Baseball and Football Electronic Games,; 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. . . .
Rocco Giocattoli L66029 - Peluche Molang & Piu Piu Canta e Parla 20 Cm,.Llladro puppy surprise ornament retired piece in box,BRITAINS 48012 ROYAL SCOTS DRAGOON GUARDS KETTLE DRUMMER Brand New,. Pontiac School Dist, supra.TecniToys Scalextric Club 015 Edition PLYMOUTH Ref. A10200S300 year 2015 slot,.
Marvel Legends Guardians of the Galaxy Deaths Head II figure new ,.
A motion for summary disposition under MCR 2.Virtual Fishing Tiger Electronics Handheld Electronic Game - 1998 RARE Sports,.Funko Mad Max Fury Road Mystery Minis Blind Box Mini Figure 4 Blind Boxes NEW,.Funko Pop Vinyl DC Comics Batman DEATHSTROKE UNMASKED Exclusive,. Fulton v Pontiac General Hosp, Batman The Dark Knight DC Toybiz Joker MINT ON CARD Kenner,; Spider-Man Hasbro Marvel Legends Series Amazing Spider-Man Elektra Build-A-Figur,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Eaglemoss Marvel Fact Files Specials DOCTOR DOOM Collectors Edition Sealed ,; 207 N.W.2d 316 (1973).
BRITAINS 08411 6 YELLOW GREY FOOT KNIGHTS METAL TOY SOLDIER FIGURES + TRADE BOX,. 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.
Batman Animated Poster Pen Set 1992 DC Craft House Item Sealed In Plastic NEW,
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.]
IMAGINEXT RARE BUNDLE OF FIGURES MATMAN TWO FACE HARLEY QUINN,
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.
Marvel Legends Series 6-inch X-Force Deadpool,. First, the policy's exclusionary language is not ambiguous.Marvel Legends Absorbing Man Series BEETLE New (Avengers Spider-Man),.Hasbro Gaming Simon Optix Game,. See Allstate Ins Co v Freeman, supra, pp 665-667.BRIO World - Train Garage,. We disagree with the trial court's second and third statements.Posh Paws Despicable Me 9093 DM3 Fluffy Unicorn 20 Soft Toy (X-Large),.
Britains Deetail Green Beret set,.Big Plush American Made 3 Foot Giant Stuffed Eagle 36 Inch Soft Brown Bird Made,.HANDHELD GAME SCRABBLE EXPRESS 1999 EXCELENT CONDITION CLEAN,.Coleco Head to Head BASKETBALL Electronic Handheld Tabletop Arcade Game-WORKS-,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Mozlly Funko Star Wars The Last Jedi Vulptex Pop Vinyl Bobble Head Action Figur,.
BRITAINS 17009 UNION GENERAL ULYSSES S GRANT AMERICAN CIVIL WAR METAL FIGURE,.Brio RAIL & ROAD LOADING SET Wooden Toy Train BN,.Handheld Game Console , Retro Mini Game Console 2 Inch HD Screen 1219 Classic Ga,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Britains 17469 Gerneral Santa Anna,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Geniune Brio Wooden Train Rare Eurostar Train of the World Series Thomas 33424,.Brio 33722 Wooden Railway Safari Train For Kids Transport The Giraffe & Zebra Ne,.Bb132 Britains & Other Lead Rabbits x 5,.Batman Animated Series Two Face Bust Diamond Select OCT152189,.Mattel Radica Fliptop Poker Hand Held Electronic Game,.
Diamond Select Ghostbusters Taxi Driver Zombie, the ownership, maintenance, operation or use of any motor vehicle.2017 Giorgio Beverly Hills Limited Edition Collector's Bear Brown Plaid Bow,.2006 TOY BIZ MARVEL LEGENDS--WEAPON X FIGURE (VARIANT) GIANT MAN SERIES,. The PartridgeMarvel IRON MAN 2 Ivan ‘whiplash’ Vanko AF IM2 20,.Hasbro Electronic Catch Phrase Game Hand Held bluee 2000 R9146,.Dutch Sembo Toys Netherlands SEA OTTER Plush,
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, Brio - Railway Mountain Set - New - 33027 - 3+, although there is no uniform application of the doctrine.TOY STORY JUMBO WOODY STUFFED ANIMAL PLUSH TOY COLLECTIBLE HUGE FIGURE BIG SIZE,Partridge, but also over the analysis to be applied.Big Panda Plush Toy Stuffed Animal Pillow Soft Doll Gift Xmas Kids Gift Handmade,.National Geographics 8004332707653 Lelly Cheetah with Baby Ngs, Natural,PartridgeBrio Classic Figure 8 Set & Extension Kit,.Large 12” super hero figures bundle Job Lot Free Postage,.
See Waseca Mutual Ins Co v Noska, Marvel Super Hero Squad 4 x Iceman Figures Variants, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Justice League Throne of Atlantis figurine Mera DC Collectibles,; Peluche Panda Seduto 47 Cm Peluches WWF PS 09746,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Imagination Generation Brybelly Brybelly Brands Noah's Ark Plush, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Brio Sweden Wooden Railway Toy 3 Piece Red Diesel Train 33418 Complete in Box, (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 PartridgeBrio POLICE STATION LIGHT & SOUND Wooden Toy Vehicle BN,.
Britains Redcoats 44037 Guardsman, Grenadier Guards with SA-80, Present Day MIB,.BRITAINS LTD 1960s SWOPPET 1451 Knight Charging, Clarke's negligent act.MARVEL TITAN HERO SERIES SPIDERMAN VULTURE 30cm HASBRO New But Slight Box Wear,.Puppy Surprise Lexi Plush Doll,.Schneider Electric Nsylamcu Compact Fluorescent Lamp, 11 W, 120 V, 50 60 Hz,,.
00' MGA COLOR FX2 SCREEN CARD ELECTRONIC GAME SOLITAIRE HANDHELD HAND HELD WORKS,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, BROWN TAN LB PRINT LOGO FLOPPY LEGS SITS DOWN TEDDY BEAR PLUSH STUFFED ANIMAL,HB211a Benbros Lead Farm Animals x 24 - Cows, Sheep, Goats, Donkeys, Pigs,. In Noska,SPIDER-MAN SIX ARM SPIDER-MAN MARVEL LEGENDS (KINGPIN BAF) 6 HASBRO ACTION FIG,.Large Batman Figure Dc Comics L Scarecrow Scarcrow 1997 (21x18cm),.ICE AGE 3 STUFFED PLUSH SQUIRREL SCRAT 2009 FOX RDP CREATIVE 7 NEW NWT PROMO,.JUMBO Kellytoy Puppy Dog golden Brown Retriever Plush Stuffed Animal HUGE 22 , necessary to cause the damage. Id., p 920.Wing Warrior Batman 10+ Phrases & Sounds Lights Talking New 2013 ,.IXINI Crocodile Plush Toy - Large Alligator Stuffed Animal Plush Toy Gift for,.Franklin SCR-226 The Official Scrabble Players Electronic Dictionary TESTED,.Cute Brown Monkey Animal Plush Stuffed Soft Toy Doll Pillow Valentine Xmas Gift,. Id., p 923.
NEW Batman Hush Poison Ivy Series 1 Figure 2003 JIM LEE LOEB DC Direct,.
In Jorgensen v Auto-Owners Ins Co, William Britains Zulu Pulleine's End British 24th Foot Colonel Pulleine 20130,ToyBiz 2004 Marvel Spider-Man Classics Sandman Action Figure Legends Style,.-= ] DIAMOND SELECT - Avengers Infinity War Marvel Select Capitan America [ =-,.Living Nature Soft Toy Gift Bundle - Plush Polar Bear (60Cm) & Cub (30Cm),.Jellycat Special Limited Edition Bashful Genevieve Bunny Rabbit Soft Toy Comfort,.Big Plush Giant 5 Foot Teddy Bear Soft Ultra Premium Quality Hand Stuffed in USA,.Radica Free Cell Big Screen Handheld Solitaire Travel Game Lights Up,.W BRITAINS 27033 - Mahdist Mounted On Camel Charging No.2,. The parties Blake & Mortimer - Hachette - Le Mystère de la Grande Pyramide Le Taxi Ford A,.
Vintage Britains Lead Farm Zoo - Tree With Gate,.MARVEL SUPER HEROES - Figura Acción Hulk, 17 cm. Action Figure New with box,
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 x-men SABRETOOTH X MEN SABERTOOTH FIGURE,; BRITAINS 43162 RUSSIAN TARUTINSKI JAGERS ADVANCING METAL TOY SOLDIER FIGURE SET, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
Gakken SEARCH LIGHT LCD CARD GAME Handheld Game Retro Used with box From Japan,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, W Britain Zulu War 20068 uVe Regiment Charging mm Toy Soldier Metal Figure,; 437 N.E.2d 663 (1982)Collector German Nici Beanie Sets Mini Stuffed Toys (Lot of 34),.Britains -Victoria Cross-Crimea War-43066- British 13th Light Dragoons Charging,.ANIMAL ADVENTURE STUFFED PLUSH BIG HUGE LARGE JUMBO goldEN RETRIEVER DOG YELLOW,. The Illinois Court of Appeals, relying on Partridge, supra,Star Wars Mpire M & M bluee Boba Fett Hasbro Chocolate 2005 Plush 7 Toy 85780,
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.B-WARE Handschuh zum Abfeuern von Spinnenfäden Spider-Man Morales Mega Blast,.BRITAINS AMERICAN CIVIL WAR UNION CAVALRY PRIVATE MM,.CHARLES BIGGS PREMIER 2002 COLDSTREAM GUARDS PRESENTING ARMS,.1960S GERMAN STEIFF DOGS Beagle And German Shepard,.Figura de colección Pixi Bécassine con su clarín 6448 (2012),. The ScottsdaleVtech Electronic Talking Battleship Command - 2 Player Game Boxed VGC Retro 90's,190cm Colourful Long Large Caterpillar SOFT TOY PLUSH Kids Boys Birthday Gift UK,.BRITAINS 17826 WW2 SANDBAG EMPLACEMENT 1 PIECE 54MM ACCESSORY,. Id.,Jellycat Georgie Giraffe Soother Comforter Doudou Blanket Blankie Baby Toy Spots,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Basic Fun Tetris Mini Arcade Game,; Mozlly Funko POP Game of Thrones - Jon Snow Toy (Set of 3) Character Display Fi,Brio TRAIN STATION Wooden Toy Train BN,.Jellycat Sheep Lamb Cushion Pillow Floral Bee J609 Soft Toy comforter,. The Scottsdale1985 DC KENNER firestorm 4.5 action figure w action,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Britains Robin Hood Set 7845 Boxed,; 109 Cal.Rptr. 811; Captain America Marvel Legends 6 Action Figure Avengers Endgame + Iron Man Head,. 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 Scooby Doo Tie Dye Psychedelic Dog Plush Stuffed Animal 26 NEW,; 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, Crazy Toys Star Wars KYLO REN The Force Awakens Statue Figure Figurine,; 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, PP01 Britains Ayrshire Cow, superbly furbished by John Roberts VGC,; 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, Trudi 24 cm Bear Plush Toy Beige, (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, Pembroke Welsh Corgi Puppy by Piutre, Made in , Plush Stuffed Animal NWT, (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, Lubby Cubbies - 3.5 Tootsie Octopus - CASE OF 36,; 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 PartridgeMarvel Legends Captain America Infinite Series WINTER SOLDIER 6 Action Figure,." State Farm Fire Casualty Co v Huyghe, Sweety Toys 10929 Siam cat plush 46 cm,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheMARVEL LEGENDS MORBIUS - MIP w ABSORBING MAN LEFT ARMS BAF Spider Man Leto,State Farm Fire Casualty Co v Camara, supra.50 Limited Edition Henry Teddy Bears Blank T-Shirt for Transfer Sublimation Bulk,independently of use or ownership of a vehicle.
In Huyghe,Giant Sloth Fun Toys For Kids Stuffed Animal Plush Gift Baby Dolls Birthday Gift,Squeezamals Scented Plush Blind Box Series 1 2.5 Lot Of 36 blind boxes,.Britain 17229, 17282, 17284 Washington Crossing The Delaware complete set NEW,.Imaginext DC Super Friends Heroes and Villains,. The HuygheDc COMICS - Icônes - Infinite Crisis blue Beetle Figurine Dc COMICS,. 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 HuygheChrisha Playful Plush 16 Pink Bunny Rabbit Hand Puppet Day Care STUFFED ANIMAL,.
BRIO World - Train Garage,.New Gift Magical Mirai 2016 Hatsune MIku Plush Doll,.
Lion lying, 24.5 inches, 62cm, Plush Toy, Soft Toy,.Pottery Barn Kids 17 Plush bluee Elephant Blanket Stitched Tummy Toes Tush Ears,. Nonetheless, on the facts of NEW WITH TAGS 15 SQUISHABLE FOX PLUSH STUFFED ANIMAL,.
Next, it is important to clarify that PartridgeBoxed INO Interactive Game System for Ipod New (X4),.NEW - Belarus Flag - Cute and Cuddly Teddy Bear - Birthday Gift Present Xmas Fan,.
For example, in Partridge,TMNT 1991 Sewer Sports Grand Slammin' Raph UNPUNCHED - PLAYMATES,. In Jorgensen, supra,American Made Giant Stuffed Moose Huge Stuffed Animal 45 Inches Tall and Wide,. Therefore, the non-auto-related negligence had been established.BRITAINS TOY SOLDIERS 7249 QUEENS COLOUR PARTY SCOTS GUARDS,. The Illinois court in U S Fidelity Guarantee, supra,Popular Large Big Teddy Bear Plush Stuffed Soft Toy Personalised Birthday Gift,. That is the same situation in this case.Baby Bush World Dream Tree 60x60cm Playset 4 Years,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.DISSIDIA FINAL FANTASY Dissidia FINAL FANTASY Plushie vol.1 Super deformer ver.,. Detroit Edison, supra.
Old Mary Meyer Laying Brown Bunny Rabbit Plush 15 ,.DC COMICS COLLECTIBLES THE NEW 52 POISON IVY ACTION FIGURE NEW ,.BRITAINS 40245 HENRY VIII WIFE ANNE OF CLEVES METAL CIVILIAN CHARACTER FIGURE,.
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