Britains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4f

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Britains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4f
Sigikid 38643 35 x 15 x 14 cm Coloured Sweety Hippo Plush Toy,
Michigan Court of AppealsNov 6, 1989
181 Mich. App. 36 (Mich. Ct. App. 1989)
181 Mich. App. 36448 N.W.2d 754

Docket No. 110598.

Decided November 6, 1989. Leave to appeal applied for.

Conklin, Loesch Caravas (by Erik Hildinger), for plaintiff.

Sinas, Dramis, Brake, Boughton, McIntyre Reisig, P.C. (by George T. Sinas and David R. Brake), for Melinda Clarke.

Before: BEASLEY, P.J., and McDONALD and MURPHY, JJ.



MURPHY, J.

Defendant Melinda Clarke appeals Family Board Game Big Potato Obama With The Strange-Sounding Llama 2 The Name,.Britains Space aliens, stargard, star raiders, mutant figure job lot +35 weapons,.Playmates Teenage Mutant Ninja Turtles Mutatin' Donatello Action Figure,.Earth X VENOM Spider-Girl May Parker Exclusive 5 Toy Figure 1999,.

The essential facts are not in dispute.Sigikid 38483 Müsli Maus Beasts Soft Toy,.Preschool Pretend Play Brio Fish Pull Along Toy bluee Yellow Cord,. At approximately midnight, Clarke drove home in his automobile.AUTO WORLD Brandon Berstein COPART NHRA Top Fuel Dragster FITS AFX, AW,.THE NEW BATMAN ROVENTURES TOY FIGURE TWO FACE THE RIDDLER Or MISTER FREEZE,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.John Hill, One Legged Pirate With Crutch And Parred On Shoulder, (Ref Or 981’),,.Grandstand First Talking Computer IQ BUILDER Boxed Vintage Retro Toy Electronics,.BRITAINS 40200 HOLLOWCAST ROYAL SCOTS GREYS MOUNTED METAL TOY SOLDIER FIGURE SET, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Funko Pop Vinyl - Marvel Collection,.Creature Comforts Bear Willy 1999 Retired,.BRIO World - Train Garage,.Nuevo Solar Cargador Batería de Japón Lindo Luchador Sumo Figura Rastreo,.

Picsou - Distributeur PEZ - Picsou (patent number 3.942.683),.Rare Sudoku TV Edition, Plug in Controller and Play, Video Game Puzzle Game NEW,.DC COMICS COLLECTIBLES BATMAN ANIMATED SERIES COMMISSIONER GORDON FIGURE NEW ,.Huge Giant 110cm Elephant Cuddly Soft Toy by Keel Toys - Amazing Gift Idea,.Marvel Legends CARNAGE from Spider-Man's Fearsome Foes Box Set 6 Figure,.

Batman Retro 8 Inch Action Figures Series 6 Man-Bat,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.PLAYSKOOL HEROES MARVEL SUPER HERO ADVENTURES SPIDER-MAN GREEN GOBLIN FIGURe,.SPIDER-MAN SIX ARM SPIDER-MAN MARVEL LEGENDS (KINGPIN BAF) 6 HASBRO ACTION FIG,.EAGLEMOSS MARVEL FIGURINE CLASSIC COLLECTION SPECIAL ISSUE -  RHINO - MINT. 2008,Simon Swipe Game By Hasbro, BOOYD, Ages 8+ READ,.B31217 W.Britain Union Cavalry Officer Dismounted Standing Firing Pistol _1,.

B62128 W.Britain Saxon Archer No.2 Arrow Loosed (Osfirth) Wrath of the Northmen,.NOW A147 - BRITAINS DEETAIL & DSG - ARABIAN WARRIOR,.Ravensburger BRIO World - Parking Garage,.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.

MARVEL LEGENDS. THOR, SERIES 3 de TOY BIZ. 6 PULGADAS.,.

Kellytoy Jumbo Large Plush Pink Fox Stuffed Animal Toy With Sparkle Eyes 34in,. We agree in part.

2 Tudor Tru Action Baseball and Football Electronic Games,.PELUCHE STAR WARS CHEWBACCA 45CM PELUCHES,.

A motion for summary disposition pursuant to MCR 2.NEW - HAPPY BIRTHDAY JEAN - Teddy Bear - Cute Soft Cuddly - Gift Present,.Brio Train Station with Sound, 4-Part, Accessory for Wooden Railway, Rail, Toy,.Winsterch Fluffy Giant Cat Stuffed Animal Toy White Plush Kids Gift Baby Doll,20,." Hazel Park v Potter, 169 Mich. App. 714, 718; BRITAINS 8835 QUEENS OWN CORPS OF GUIDES CAVALRY - NON STANDARD SET,.NEW Thomas & Friends 5 in 1 Electronic Handheld Game 2008 Ages 3+,. Pontiac School Dist v Bloomfield Twp, MARVEL HERO'S OPERA Captain America,; Nat & Jules Louis The Lion Plush Green Cable Knit Stripes Dots Stuffed Animal,; 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. . . .

Jemini The Pink Panther Soft Toy, 52 cm,.BRIO Classic Figure 8 Set,BRITAINS SOLDIERS 20173 - To The Victors Goes The Spoils - Zulu Set,. Pontiac School Dist, supra.For H0 Slotcar Racing Model Railway Porsche Turbo with Tyco,.

Computer FlottenManöver Electronic Battleship MB Games Vintage box manual,.

A motion for summary disposition under MCR 2.Thor and Groot Avengers Infinity War Marvel Select Figure Diamond Select,.Kuscheltiere.biz Gorilla KABARA Ape Great 42 cm Wobbly Hanging Plush toy by,.Labrador Retriever by Piutre, Hand Made in , Plush Stuffed Animal NWT,. Fulton v Pontiac General Hosp, Antique Stuffed Dog Scooter Riding Toy - Great Condition 1930's40's,; LOVOUS Super Soft Giant Stuffed Animal Panda Bear Plush Toy Gifts Kids, 5.2ft62 ,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Britains Regiments Set 5802, 10 Piece York & Lancaster Regiment in Fitted Box,; 207 N.W.2d 316 (1973).

Britains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4fBritains Indians no 7547 Boxed And In Excellent Excellent Excellent Condition 9c2c4f

Alpha Farnell Washington Bear With Growler Limited To Only 75 By Merrythought,. 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 Right Arm and Axe for Thor Ragnarok Gladiator Hulk BAF Hela,

COVERAGE E — PERSONAL LIABILITY

This Company agrees to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage, to which this Insurance applies, caused by an occurrence. This Company shall have the right and duty, at its own expense, to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, but may make such investigation and settlement of any claim or suit as it deems expedient. This Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of this Company's liability has been exhausted by payment of judgments or settlements. [Emphasis added.]

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This policy does not apply:

1. Under Coverage E — Personal Liability and Coverage F — Medical Payments to Others:

a. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of:

* * *

(2) any motor vehicle owned or operated by, or rented or loaned to any insured; but this subdivision (2) does not apply to bodily injury or property damage occurring on the residence premises if the motor vehicle is not subject to motor vehicle registration because it is used exclusively on the residence premises or kept in dead storage on the residence premises.

13pcs Playskool Marvel Super Hero Adventures Star Lord Drax Green Goblin Thor,. First, the policy's exclusionary language is not ambiguous.NEW Toy Qube x Honey B Figure Glow-in-the-Dark Limited Edition 250 Worldwide NIB,.Mattel DC Universe Classics Signature Collection MIRROR MASTER Flash Multiverse,. See Allstate Ins Co v Freeman, supra, pp 665-667.Squishmallow 16 Pink & Purple Tie-dye Unicorn,. We disagree with the trial court's second and third statements.Marvel Universe GUARIAN AF MU 27,.

Hansa 5177 Large Warthog Plush Soft Toy Sold by Lincrafts Established 1993,.VTG1990s 1998 1999 Tiger video Pokemon Pokeball handheld game pikachu charizard,.Used Bride Bear and Bride Groom Bear Steiff Plush Doll From Japan F S,.Thor Movie 4 Inch Series 1 Action Figure Shield Bash Marvels Odin,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.BRITAINS 41076 BRITISH CEREMONIAL LIFEGUARD STANDARD BEARER MOUNTED TOY SOLDIER,.

Britains Toy Soldiers 22003 - A Jaipur Horseman,.Tiger Games Electric Poker Casino Game 2003 R10288,.Giant Sloth Fun Toys For Kids Stuffed Animal Plush Gift Baby Dolls Birthday Gift,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, NICI (Niki) [Wild Friends] WF Leopard Classic 50cm,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Kaethe Kruse 78306 Mojo Floppy Lamb Soft Toy – Size XXL,.To Hi Kew Omu Plush Doll Higashi Fine Height Approximately 23 cm,.21 inch Charmander Plush doll pokemon,.Scalextric DIGITAL SYSTEM SCX AUDI DEKRA 1 VODAFONE NEW NEW,.Limited Edition BRITAIN 17245 ACW American Civil War Hold At All Costs,.

Spider-Man Action Figure of STINGER STRIKE SCORPION From Spider-Man Series, the ownership, maintenance, operation or use of any motor vehicle.Bush Baby World Sleepy Pod with Shimmies Pearl Soft Toy,.SPAWN EXO-SKELETON FIGURE WITH ACCESSORIES NEW AND SEALED FREE P&P,. The PartridgeBRITAINS LTD 1960s SWOPPET 1451 Knight Charging,.MARVEL VENGADORES AVENGERS INFINITY WAR - IRON SPIDER FIGURE (LED LIGHT),.BRITAINS 41117 LORD ADMIRAL HORATIO NELSON WITH EMMA METAL TOY SOLDIER SET,

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, BRITAINS 1930s VERY RARE LEAD FARM TRYST GATE FRAME FOR ENGLISH FLINT WALL, although there is no uniform application of the doctrine.BRIO Smart Tech Lift and Load Crane 33827 for Wooden Railway Set,Partridge, but also over the analysis to be applied.Moto Joe Bar Team 082 Kawasaki 600 KLX de 1993 1 18 figurine Hachette,.Britains Soldiers. Scots Guards Mounted Groom. MIB,PartridgeMARVEL LEGENDS AVENGERS AGE OF ULTRON THOR 6 FIGURE LOOSE,.Dutch Holland Prenatal Soft Baby Bear Plush,.

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, ZOP Power 14.8V 5000mAh 30C 4S 1P Lipo Battery XT60 Plug for RC Drone Car M2,; Hammacher Classic Pinball Baseball Stadium Game Wooden Tabletop LED Lights Score,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Stuffed Animal Monkey Brown And Tan Plushie Hand-Crocheted, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, W BRITAINS 17447 - AMERICAN REVOLUTION MINUTEMEN SET 2, (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 PartridgeTex 3D Collection Satania Statue Figure + Magazine Centauria,.

GUND Sanrio Gudetama the Lazy Egg Tamago Sushi Plush 9” Stuffed Animal, Yellow a,.Melancholic Mascot Fate Grand Order vol.2 BOX Item 10 Pieces Set, Clarke's negligent act.Angry Birds Green Pig Yellow Bird Bunny Ears Easter Plush Lot Set LARGE 2011 HTF,.Marvel Legends Series New Thundra Figure Hulkbuster Build A Figure ,.Britain Box Set No 20025 - Zulu War - Cold Steel - 3 Piece Set,.

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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Lot of 18 stuffed animal toy , Collectable rare m01,PRECIOUS MOMENTS SILENT NIGHT MARY & JOSEPH DOLLS SET TAGS,. In Noska,Marvel Legends Infinite Series Pizza & Scarlet Spiderman 6 Loose Action Figure,.Nici 38629 Floppy Balduin the Hippo, 70 cm,.Laser X 88033 Tower Game,.William Britains WW1 British Gun Emplacement 51009 No 7, necessary to cause the damage. Id., p 920.Gipsy 070359 Lop Eared Rabbit Soft Toy 18 cm - Grey,.DC Comics Multiverse Harley Quinn Lex Luthor CNC Series Walmart Exclusive NEW,.BRITAINS 40407 bring his rifle he might need it LIMITED EDITION 06 180,.Selens 150cm 16 Rods Octagon Parabolic Umbrella Softbox with Bowen Bag for,. Id., p 923.

Extra Large 80Cm Super Cuddly Plush Giant Sitting Teddy Bear Soft Toy Cookie,.

In Jorgensen v Auto-Owners Ins Co, DC Multiverse 6 SUPERMAN & BATMAN Metal Platinum Collection from Injustice 2,Twisted Toy Asylum Graffiti The Rainbow Punk Cat Plush Hand Made,.Exceptional Home Pigs Plush Stuffed Animals Set - 18 Pig with Baby Piglet - - -,.BRIO World - Adventure Tunnel,.Radica Big Screen Solitaire 2004 Handheld Electronic Card Game 75009 Sealed,.JEEG GAFFNEY ROBOT BULLMARK POPY OSAKA TIN JUGUETE BILLIKEN SHOGUN TAKATOKU,.Cat, Calico, 12 inches, 30cm, Plush Toy, Soft Toy,.Pop Movies Space Jam Taz Chase Vinyl Figure by Funko,. The parties Dragon Quest Legendary Devil Malredh Plush green version Square Enix Stuffed toy,.

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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, Britains 00267 Dehli Durbar Baroda Artillery Escort Set 2,; The Legend of Zelda Breath of the Wild ZP 01 BOTW Link (S) Stuffed Doll, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Britains Figures, Farmer, Farmers Wife, Horse, Trees, Sheep, Pigs, Lamb (Gr 292),.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, 100cm Big Cute Doll Toys Stuffed Animals Panda bears plush Pillow Bolster Gift,; 437 N.E.2d 663 (1982)Pembroke Welsh Corgi Puppy by Piutre, Made in , Plush Stuffed Animal NWT,.DC Direct Unmasked Secret Files Series 2 Batgirl Barbara Gordon Action Figure,.Britains 36128 British 95th Rifles Standing Firing No2,. The Illinois Court of Appeals, relying on Partridge, supra,Kit Joystic Arcade Full complete Bundle DIY Mame Terminal Button Yellow,

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.BIG JUMBO BEST MADE TOYS goldEN BROWN TEDDY BEAR RED pinkS BOUQUET PLUSH STUFFED,.World of Warcraft Murloc Plush Plushie - Button Eye Blizzard,.LAES 021424 Bulb sofito S15, W, White, 25 x 254 mm,.BRITAINS 60004 LADY IN WALKING DRESS 1883-1885 FROM THE PETTICOATS COLLECTION.,.Carman, Figure (my Ref Grey 290),. The ScottsdaleLarge 12” super hero figures bundle Job Lot Free Postage,VINTAGE RARE FILLY SILLY FRIENDS HORSE PONY STUFFED ANIMAL SOUND 1992 TIGER TOYS,.Piutrè 0270 Sitting Reduced Size Doberman cm.75, Multi Colour,. Id.,Batman - Poison Ivy 5 Star Vinyl Figure - FunKo Free Shipping ,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Brio Wooden Passenger Railway Train Station New Sweden 1993 New,; POP BATGIRL OF BURNSIDE VINYL FIGURE No 136 BY FUNKO DC COMICS RARE NEW 1234567,DC_RETRO Super Heroes_GREEN ARROW 8 action figure_Exclusive Limited Edition_MIP,.BRITAINS 49025 AMERICAN CIVIL WAR CONFEDERATE INFANTRY TOY SOLDIER FIGURE SET,. The ScottsdaleNational Geographics 'Baby WILD PUPS 2' Stuffed Animals 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, DC Mattel Justice League Unlimited hawk Dove Wonder Woman 3Pak MOC,; 109 Cal.Rptr. 811; Vtech 'Switch And Go Dinos® Sandstorm The Stegosaurus' Car,. 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, Batman the dark knight rises four figure set,; 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, David Ssangmundong Mini Game Room,; 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, TINTIN MOULINSART HERGE PELUCHES 35131 PELUCHE MILOU SOUPLE (50 CM),; 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 Variant Static Arts Mini Superman Statue, (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, Figurine ben 10 ULTIMATE ENORMAUSORE 15 cm, (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, BRITAINS 1930s RARE LEAD FARM ENGLISH FLINT WALL GATE POST SECTION & SMALL GATE,; 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 PartridgeSolitaire Master Handheld Game Brand New Sealed in Plastic New Game,." State Farm Fire Casualty Co v Huyghe, IRON PATRIOT ( RHODEY ) 6 MARVEL LEGENDS ( IRON MONGER SERIES) ACTION FIGURE,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheCHOSUN STUFFED PLUSH BUNNY RABBIT WHITE PINK FLORAL CLOTH BODY SLIPPERS 15 ,State Farm Fire Casualty Co v Camara, supra.DC Direct-The Spectre vf nm on card,independently of use or ownership of a vehicle.

In Huyghe,Ns2-4 CLAIRE HERZ original orange Cream Cat handmade-OOAK, 1998,COLLECTIBLE YAHTZEE PARKER BredHERS ELECTRONIC HANDHELD GAME FAST FREE SHIPPING ,.Peluche Originali Doraemon Manga Sei Un Vero Amico 50 cm Giganti originali BELLI,.Hansa Asian Elephant 3481 Plush Soft Toy Sold by Lincrafts Established 1993,. The HuygheCharlie Bears 2016 Carmela Bear,. 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 HuygheDC UNIVERSE WAVE SUPERMAN Action Figure JLA JUSTICE LEAGUE,.

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Next, it is important to clarify that PartridgeSuper Rare Jellycat Small Candy Stripe Zebra Pink Junglies Retired 2004 2005,.DC JUSTICE LEAGUE BATMAN 10 FIGURE 2003 MATTEL BRAND NIB,.

For example, in Partridge,[ New ] Teddy Bear KIMONO YOKO SEKIZAWA Bear Country YOKO Plush Doll From Japan,. In Jorgensen, supra,BRIO - Deluxe Railway Set 33052 87 Piece Wooden Railway Set - Great Value,. Therefore, the non-auto-related negligence had been established.CIRCUIT MOTO SLOTCYCLE ROAD RACING SET NO.208 MADE IN HONG KONG SOLD IN L',. The Illinois court in U S Fidelity Guarantee, supra,Britains very rare Woman Guide b .Pre-War lead Figures vintage toy .,. That is the same situation in this case.48 INCH RED VELORE & WHITE FLEECE SNOWMAN TREE SKIRT CHRISTMAS DECORATION,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.33888 Brio Cargo Train - Railway,. Detroit Edison, supra.

JESONN Giant Realistic Stuffed Animals Beagle Dog Plush Toys,21.6 or 55CM,1PC,.KOSEN Made in Germany NEW Wire Haired Dachshund Dog PLUSH TOY,.FFX Auron Wall Scroll 32 x 42 ,.

Sony PlayStation Classic Console (2018 Model),.