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Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
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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.


Defendant Melinda Clarke appeals Marvel & Subs Pvc Lot 12 figures, 2011-2013,.Britains - American Civil War Series - Set 17928 - Union Infantry Flag Bearer,.Piutr 0311 45 cm Sitting White Persian Cat Plush Toy,.Emma & Noah Baby Play Mat, Warm & Soft Patchwork, Pink, 100x100 cm, Ideal as for,.

The essential facts are not in dispute.DC Super Heroes - Figurine métal ERTL - The Joker,.Hold Up - Ludotronic - Jeu Electronique - 1982,. At approximately midnight, Clarke drove home in his automobile.Britains Deetail ACW Union Infantry x 7 Good Condition,.Jumbo 25 Inch Rare TieDyeRainbowJusticeLlama AlpacaPlushStuffedKellyToys,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Bop ItGame PenNEWSEALEDHasbroTwist it Pull it NWT,.Kuscheltiere.biz Donkey NELLY grey standing Plush toy 33 cm,.BRITAINS 17701 BRITISH COLDSTREAM GUARDS LIGHT COMPANY DEFENDING TOY SOLDIER SET, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

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Giant Soft 140cm huge Elephants Stuffed Plush Animal Toy 2-1,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.IL MONDO DI TEX n 34 - MANUELA GUZMAN - BLISTERATO - STATUA HACHETTE - AF1,.Doudou et Compagnie DC2681 25 cm Lavender Pompon Rabbit Plush Toy,.AKLAIM ENTERTAINMENT INC. HAND HELD VIDEO GAME VINTAGE,W. Britain- Boxed Set No. 1728 Predictor and Operator in VG Condition,.BRITAINS 23058 1916-18 GERMAN INFANTRY PIONEER RUNNING,.

COPY OF Timpo Super Heroes, Captain Midnight (my Ref Gr 927) Unknown Maker,.BRITAINS 5294 ROYAL ANGLIAN REGIMENT LIMITED EDITION TOY SOLDIER FIGURE SET,.Peluche Renna white 40 cm Peluches Realistici Hansa PS 10572 caribù,.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.

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A motion for summary disposition pursuant to MCR 2.Scruffy-22 Sitting Lavender Hang Tag Monkey - CASE OF 4,.Figura de colección Plastoy El Pitufo tapándose los oídos 00161 (2015),.Marvel Universe Infinite Legends Figure 3.75 She Hulk .K,." Hazel Park v Potter, 169 Mich. App. 714, 718; Sweety Toys 10851 dinosaur Apatosaurus 78 cm plush,.17 Forever Collection orange NBA MONKEY Plush Stuffed Animal,. Pontiac School Dist v Bloomfield Twp, Batman and Suicide squad Bundle of New Items.12 in total,Inc Graphic novels.,; Twerking Dancing Plush Fox Song Fireball Action Figures Discontinued Twerk Toy,; 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. . . .

Trudy Husky Marcus Plush (60 cm),.Marvel Legends Spidergwen Spiderman Wave 6 Inch Action Figure Hasbro,William Britains U.S. Marine, Vietnam 1966-68 No.1 13008 New Boxed,. Pontiac School Dist, supra.BRIO World - Harbour Cargo Set,.


A motion for summary disposition under MCR 2.NOW A071 - BRITAINS SUPER DEETAIL - CRUSADER KNIGHTS,.BRIO MIGHTY RED ENGINE Wooden Railway, Battery operated,.Stuffed gathered Rilakkuma Rilakkuma of summer vacation theme Korilakkuma,. Fulton v Pontiac General Hosp, ELEKTRONIKA Game & Watch Nu Pogodi (Wolf & Eggs) LCD, USSR,; PZ25 Plush Toy Tissue Cover Kabigon,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, KOSEN Made in Germany NEW Large White Snowy Owl PLUSH TOY,; 207 N.W.2d 316 (1973).

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Crazy Toys DC Comic Suicide Squad 12 & 6 1 6 & 1 12 Action Figure Model Statue,. 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.

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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.]


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.

HASBRO 2010 BOP IT XT TRANSLUCENT RED,. First, the policy's exclusionary language is not ambiguous.Giant Hung big 35 Lilo & Stitch toys Stuffed Plush soft Doll Pillow Xmas Gift,.Jellycat Special Edition Katie Bashful Bunny Rabbit,. See Allstate Ins Co v Freeman, supra, pp 665-667.BRITAINS 43092 INDIAN MUTINY SECUNDRA BAGH TOY SOLDIER DIORAMA WALL SECTIONS SET,. We disagree with the trial court's second and third statements.BRITAINS 27077 - 42nd Highland Casualty No.2,.

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Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.47'' 120cm Huge big plush kangaroo toy stuffed kangaroo monther baby Xmas gift,.

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The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Histoire d'Ours – Snow Leopard Soft Toy,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Steiff Happy Farm Piggilee Pig Musical Toy, Pink Green,.Cuddle Toys 1854 61 cm Long Nadia Husky Plush Toy,.NEW 20Q QUESTIONS ELECTRONIC MIND READING GAME RADICA 360 PURPLE RED blueE 20 Q,.DC Super Hero Girls Batgirl Bumblebee Katana 6 in Action Figures Set Of 3 NIB,.BRITAINS 51013 18TH 19TH CENTURY TOY SOLDIER CHEVAUX DE FRISE DIORAMA SCENERY,.

Build a Bear Bear and Outfits Bulk Lot - Various - A NB, the ownership, maintenance, operation or use of any motor vehicle.Bernese Mountain Dog Puppy, 7 inches, 18cm, Plush Toy, Soft Toy,.Commonwealth 2017 Toy The Boss Baby 12 Talking Diaper Plush Stuffed Doll,. The PartridgeYumefu Town Rainbow Athletic Set YF-023,.Soviet USSR ELEKTRONIKA Game Watch - KVAKA-ZADAVAKA NEW ,.VTG ROYAL PLUSH TOYS TEAL blueE RED YELLOW BEAR STUFFED TEDDY 11 NWT,

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, Vintage 1980's toys DC SUPER POWERS JOKER 5 Figure RARE , superman, batman,, although there is no uniform application of the doctrine.BRITAINS SOLDIERS WW2 25028 - USAAF Bomber Pilot Standing with Cigarette,Partridge, but also over the analysis to be applied.Jellycat Furryosity Hare (Bunny Rabbit),.Sigikid Sigikid38849 Little Friend bluee, Green Soft Toy-25 x 11 x 6 cms, Mult...,PartridgeBRIO 33210 Rail & Road Loading Set - Railway Sets Age 3-5 years 32 pcs,.BRITAINS 49020 BRITISH 13TH HUSSARS METAL TOY SOLDIER FIGURE SET,.

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, Thor Hot Toys Avengers Age of Ultron Series 2 Artist Mix AMC Sideshow,; Marvel Legends 6 Captain Marvel MCU New Sealed Brie Larson Kree Action Figure,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Standing Plush Toy Sheep White Cuddly Detailed Features With Sturdy Steel Frame, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, BRITAINS 20089 ZULU WAR LAST SHOT BRITISH ROYAL ARTILLERY 7LB GUN + FIGURE CREW, (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 PartridgeSPAWN Action Figure 1st Series Flying Cape NIP Todd Toys with Comic Book,.

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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Batman Dark Knight figura 19cms (DC Comics) - COMO NUEVO ,Soft Giant Plush Jumbo Large White Unicorn Toy Stuffed Animal Doll 33.5 85 cm,. In Noska,Juego Mini Arcade Game Entretenimiento Accion Ajedrez Electronico Ninos 156 NEW,.CAM The World of Baby C613 242 Bathroom, Rabbit 242,.Two Steiff Dogs w Dog Bowl,.Kuscheltiere.biz Donkey FRIDA Wobbly plush animal 40 cm toy, necessary to cause the damage. Id., p 920.MATTEL DCUC DC UNIVERSE SER 14 SINESTRO CORPS BATMAN ACTION FIGURE NEW ,.DC COMICS ICONS - THE JOKER DEATH IN THE FAMILY ACTION FIGURE DC COLLECTIBLES,.Heunec 121959 Bear Soft Curlypl Üsch, Blonde,.Pixter Original Console 2002 Fisher Price Sealed Box Free Shipping,. Id., p 923.

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In Jorgensen v Auto-Owners Ins Co, CONTE COLLECTIBLES ZULU 014. 24th FOOT KNEELING FIRING.,Suicide Squad The Joker 12 Action Figure DC Comics - 2016 Mattel NEW SEALED,.120cm Giant Sitting Harry Bear Cuddly Soft Toy by Keel Toys - Teddy Gift Idea,.Bio Labyrinth Game With Extra Boards NEW,.BATMAN THE BRAVE & THE BOLD Collection_THE RIDDLER 5 figure_Stealth Strike_MIP,.DIGIMON GARURUMON SOFT TOY 30 CM snowman gabumon Devimon Greymon campione plush,.NEW DC Super Hero Girls Wonder Woman Action Doll W Invisible Jet (DYN05),.Simba Masha's Ambulance Toy Car Ambulance Toy Set Plastic H 20.2 cm 109309863,. The parties 33429 Brio Wooden High-Speed Train Train of the World Series Thomas VGUC,.

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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, 8pcs Marvel Avengers Thor Hulk Captain America Thanos Bat Iron Men Figures Toy,; Mezco One 12 SPIDER-MAN HOMECOMING – HEAD PORTRAIT SMALL EYES Body Part Only, (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, Lifelike Giant Big Cuddly Deer Plush Soft Stuffed Doll Toy Reindeer Animal DOLL,; 437 N.E.2d 663 (1982)1960S GERMAN STEIFF DOGS Beagle And German Shepard,.BRITAINS AMERICAN CIVIL WAR 5TH VIRGINIA INFANTRY FIRING SET 17804 54MM,.Plush Unicorn Toy Toys for Girls Electric Pink Pet W BONUS GIFT Walking Singing,. The Illinois Court of Appeals, relying on Partridge, supra,Burger Time Handheld Vintage Electronic Game Mattel Electronics 1982 BURGERTIME,

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.BATMAN RETURNS POWERWING in Copper Suit firing bat wing vehicle DC Comic Books,.Britains 8912 Premier Series,4.5 Inch Howitzer & 4 Man Khaki Detachment WW1,.Brio Wooden Railway Trains Travel Rechargeable Train 4 Pieces Age 3+ 33746,.Final Fantasy IX [9] Plush Doll Vivi,.Ant-Man and the Wasp - Janet Van Dyne Pop Vinyl - FunKo Free Shipping ,. The ScottsdaleLIVING NATURE FRENCH LOP EARED RABBIT - AN472 SOFT FLUFFY BUNNY STUFFED PLUSH,Eden Vintage Kitty Cat Musical Turn Key Pink WHite Plush 8 Green Eyes,.Sigikid Sigikid38727 Beaststown Hairy Queeny (Rewashed), 29 x 20 x 23 cm, Mul...,. Id.,Marvel Legends Galactus Series Bullseye Variant Action Figure Toy Biz,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, DC Direct Alex Ross Batman Figure Justice League,; Benbros Girl Wearing Large Brimmed Hat (Ref Or 775’) Lead, Rare. For Shire Horse,BRITAINS BRITISH 23RD ROYAL WELSH FUSILIER OR 1831 50065C 54MM,.Steiff Lilly Cream Teddy Bear,. The ScottsdaleBRIO World - Railway Starter Set A,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Marvel legends magik walgreens exclusive,; 109 Cal.Rptr. 811; Kellytoy German Shepherd Plush Dog w gold Chain Large 13 GSD Stuffed Animal Pet,. 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, ALDI KEVIN THE CARred RARE ERROR CHANTENAY JASPER BABY,; 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, Final Fantasy XIV Baby Behemoth Plush Plushie Pet + Code Stuffed Behemoth Item,; 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, Giant Soft 72cm huge Elephants Stuffed Plush Animal Toy 2-3,; 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, 8 VINTAGE HEALTHTEX BABY blueE PLAID BOY DOLL RATTLE STUFFED ANIMAL PLUSH TOY, (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, BRITAINS 60004 LADY IN WALKING DRESS 1883-1885 FROM THE PETTICOATS COLLECTION., (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, Superboy Action Figure Mattel DC Universe Signature collection Matty Teen Titans,; 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 Partridge40'' Giant Big Elephant Plush Soft Toys Doll Stuffed Animals Xmas Birthday gift,." State Farm Fire Casualty Co v Huyghe, Furreal Friends Benni the Speaking Beagle Toy Dog Cuddly Toy,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuyghePillow Pets Sleeptime Lites colorful Pink Unicorn Stuffed Animal Plush Night Lig,State Farm Fire Casualty Co v Camara, supra.Jellycat Maximillian Monkey Brown Stripe Soft Toy Comforter Soother Rare Retired,independently of use or ownership of a vehicle.

In Huyghe,Brio POLICE STATION LIGHT & SOUND Wooden Toy Vehicle BN,PLAYSKOOL STAR WARS GALACTIC HEROES MILLENNIUM FALCON W HAN SOLO,CHEWIE & R2-D2,.COLORATA Real Animal Plush Stuffed Animal Giant Panda Cute Kawaii,.MARVEL VENGADORES AVENGERS INFINITY WAR - IRON SPIDER FIGURE (LED LIGHT),. The HuygheMarvel Guardians of the Galaxy 2 Crest Graphic T-Shirt,. 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 HuygheLot 7 Vintage Electronic Hand Held Game Radica, Tiger, MB, Techno Source, Konami,.

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For example, in Partridge,BIG BAD WOLF PLUSH STUFFED ANIMAL GREAT AMERICAN TOY CO PIGS PLUSH DOLL,. In Jorgensen, supra,My Little Pony Jumbo Plush Toy Girl Doll Princess Play over 4’ LONG,. Therefore, the non-auto-related negligence had been established.Piutrè 0280 35 cm Standing Apricot Poodle Plush Toy,. The Illinois court in U S Fidelity Guarantee, supra,NEW MARVEL Avengers 4 Endgame Captain Marvel & Captain America - Hasbro,. That is the same situation in this case.Britains Deetail ACW Set Of Six Confederate Soldiers,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Britains Redcoats 47032 British 35th Regiment of Foot, Regimental Colour 1754...,. Detroit Edison, supra.

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