Sweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdb

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Sweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdb
NEW Schnauzer Pillow Chums Kelly Toy Grey White Plush,
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 DC COMICS ICONS - LEX LUTHOR FOREVER EVIL ACTION FIGURE DC COLLECTIBLES,.Simba Firefighter Sam Garden Sprinkler Sprinkler Toy Plastic 38 cm 109252006,.VINTAGE BRITAINS HOLLOWCAST LEAD ZOO SERIES ZOO KEEPER SHORT VERSION STOOD,.Cuddle Toys 1870 36 cm Long Silky White Tiger Plush Toy,.

The essential facts are not in dispute.American Made Large Stuffed Koala Bear 26 inch Soft Big Plush Animal Made in USA,.Action Figure Character Marvel Thor Legends Series 6 Inch Thor Pretend Play Toy,. At approximately midnight, Clarke drove home in his automobile.PP656 Vintage plastic Britains + Herald Zoo animals penguins kangaroos gorillas,.Intelex Cozy Plush Fully Microwavable Toy - bluee Cat by Intelex,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Vintage Pac-Man Micro Games USA 1992 LCD Handheld Electronic Game w Batteries,.Marvel SELECT Ironman Hulkbuster 8 ACTION FIGURE - NEW,.gold Chrome Cassic Spiderman 2017 SDCC Toys R Us Exclusive Metalfigs Jada, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

BRITAINS 27063 - 42nd Highland Kneeling Firing No.2,.Epoch LCD Game Watch Pak Pak Man II (Pacman) Boxed Japan Free Shipping ,.Britains - TASK FORCE - DESERT STORM JEEP, GUN CREW & FIGURES No.7611 M.I.M.B.,.Toy Biz Marvel X-Men Classic Missile Firing Archangel Action Figure 2004,.

BRITAINS 41138 KNIGHTS OF THE ROUND TABLE SIR LANCELOT GALAHAD GAWAINE + THRONES,.Bop It Lot of 4 Electronic Handheld Games Tetris Smash Hasbro Talking Reflex Toy,.Great Dane miniature collectable plush soft toy - Kosen Kösen - 6010 - 22cm,.WEBKINZ SIGNATURE LABRADOODLE DOG WKS 1021 WITH SEALED CODE HARD TO FIND ,.W BRITAINS 20051 - ZULU WAR WARRIORS WOUNDED SET 1 - MIB,.

Mezco One 12 POPEYE DELUXE SAILOR – HEAD PORTRAIT TEETH SHOWING Body Part Only,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Hansa Sit On Pony, Horse 5444 Plush Soft Toy Sold by Lincrafts Established 1993,.Jellycat Special Edition Mimi Bashful Bunny Rabbit BNWT,.MANHATTAN TOY STUFFED PLUSH BUNNY 2000 RAGALANG RAGALANGS BROWN CREAM SHAGGY FUR,Hasbro B1895 - Venom - Marvel Spider-Man Warriors - A+ A+,.Marvel Comics 90's Vintage X Men KAZAR & SABU 5 toy action figure RARE,.

Imaginext DC Super Friends Batman Ooze Pit Playset BRAND NEW,.Superman Figure 20 cm Dc Comics Justice League,.Marvel Legends Captain America Series I,.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 Avengers Endgame Wave 1 Hercules,.

Britain's Boxed Set The Royal Regiment of Fusiliers No.5193 Metal Soldiers.,. We agree in part.

DC Comics Batman Beyond Deluxe Strato Defense Hasbro (1999) Action Figure w Kn,.Star Wars Fire Away Luke Graphic T-Shirt,.

A motion for summary disposition pursuant to MCR 2.Marvel Legends Series - Jane Foster Thor - Thor Ragnarok HULK BAF New in Box ,.DC Direct Ame-Comi BATGIRL PVC Figure LOOSE,.Metal Earth Fascinations ICX009 502894 – Construction Toy, Queen Anne's Reven...,." Hazel Park v Potter, 169 Mich. App. 714, 718; 18 GIGGLE WORM GIRL BROWN HAIR SOFT FABRIC DOLL STUFFED ANIMAL PLUSH TOY TEAL,.Peluche Originali Doraemon Manga Sei Un Vero Amico 50 cm Giganti originali BELLI,. Pontiac School Dist v Bloomfield Twp, 27 Deer Fawn Plush Stuffed Animal Douglas,; BRITAINS LORD OF THE RINGS ' THE ORCS ' 3 PIECE SET,; 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. . . .

Steiff 079641 Cookie Dog Plush, Brown White,.Marvel Select 8 Inch Action Figure - Green Goblin,Green Lantern - Rebirth Action-Figur Collector Set Dc,. Pontiac School Dist, supra.FIGURINE COLLECTION JOE BAR TEAM SERIE 2 N°27 DIABOLIK GASTON BMW R 100 RS BOITE,.

24K Barney the Lion Plush orange 13 Inch 5601 Polar Puff Mighty Star 1991,.

A motion for summary disposition under MCR 2.Cheeky bear Elizabeth World limited 200 from JAPAN F S,.Batman action figure Son of Batman, Kubert,.William Britains WW1 British Gun Emplacement 51009 No 7,. Fulton v Pontiac General Hosp, BRITAINS 17146 GERMAN WAFFEN SS ASSAULT METAL TOY SOLDIER FIGURE SET,; ARROW Oliver Queen Tv-Show Figure PVC 16cm de Dc Collectibles,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Marvel X-Men Movie Action Figures Lot of 3 Magneto and two different Sabertooths,; 207 N.W.2d 316 (1973).

Sweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdbSweety Sweety Sweety Toys 10936 dinosaur plush T-Rex 68 cm 5a9bdb

50cm Harry Bear Soft Toy - Keel Toys Teddies Cream Teddy Cuddly Plush Sb4357,. 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.

SMURF SCHLUMPF SCHTROUMPF SERIE COMPLETE MC DO ANGLAISE 9 DIFFERENTS SUJETS,

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.]

Minecraft Baby Pig 7 Plush Toy Play Soft Soft Plush MYTODDLER New,

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.

Puton Pig Plush Peach Parka 7.1(18cm) S Size F S Japan Stuffed Animal Fluffy,. First, the policy's exclusionary language is not ambiguous.S.H.Figuarts Seemann Moon Matpink Erste mit Extras,.Masters of the Universe Classics PERFUMA Action Figure MOTU CHF15,. See Allstate Ins Co v Freeman, supra, pp 665-667.Britains Regiments Set 5802, 10 Piece York & Lancaster Regiment in Fitted Box,. We disagree with the trial court's second and third statements.Giant 100cm Lion Soft Toy - Stuffed Plush Toy Suitable for all ages (0+),.

Original 1978 Parker Bredhers MERLIN The Electronic Wizard Handheld Game Box-Bk,.William Britain World War Two German Infantry Advancing17903 New,.Britains 8846 The 1st Central India horse,.Retro grandstand invader from space vintage games console boxed,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Radica Sport Bass Fishin Fishing Handheld Electronic Game New,.

golden Retriever Puppy 11.5 inches, 29cm, Plush Toy, Soft Toy,.Hypnosis Mic Division Rap Battle Gentaro Yumano Plush Doll stuffed toy Anime,.Family Board Game Big Potato Obama With The Strange-Sounding Llama 2 The Name,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Marvel Legends Cable 6'' (Hasbro),; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.13 VINTAGE 1985 GUND WHITE MUTTSY PUPPY DOG STUFFED ANIMAL PLUSH TOY,.Game Watch THE DRACULA Tsukuda Original LCD LSI Game Used Retro From Japan,. PIXI ORIGINE BECASSINE 6445 Bécassine et son pain 1000 ex. ☰,.BRITAINS 43024 REDCOATS BRITISH PRIVATE COLDSTREAM GUARDS 1822 METAL TOY SOLDIER,.Britains Set 5800 Green Howards, Princess Alexandra's Own Yorkshire Regiment.,.

Little Buddy Official Super Mario Plush Kitsune Fox Luigi, 9-Inch, the ownership, maintenance, operation or use of any motor vehicle.BRITAINS 7304 AMERICAN US MARINE DRUM + BUGLE CORPS METAL TOY SOLDIER FIGURE SET,.Large Vintage Winged Batman Car Plane DC Comics Push Button Pop Out Wings 10 ,. The PartridgeSpirit Ref 0601206 Courage C65 Mazda You Mans Series 2005 1 32 New New,.Warner Bredhers Miniature Batman Figures 6 Of,.True-to-Life Mama Floppy Sheep Hansa Toy International 1999 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, William Britain Toy Soldier Catalogue The 1990 Collection, although there is no uniform application of the doctrine.Mozlly Funko Bonnie 5 Inch Toy Figure (3pc Set) (Set of 3) Character Display Fig,Partridge, but also over the analysis to be applied.BRITAINS 5185 SEAFORTH HIGHLANDERS - LIMITED EDITION No.2233,.NEW - VALENTINE'S DAY - STUFFED BEAR WITH SWEATER- LARGER SIZE - SOFT,PartridgeWilliam Britains War Along The Nile British 42nd Highlander Casualty 27058 New,.Trudi 23812 Soft Toy Medium Pink,.

See Waseca Mutual Ins Co v Noska, Spieyellowurg Rabbit Plush Toy, 17 cm, Model, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, BRAND NEW BRITAINS 00281 FATHER CORBY'S IRISH BRIGADE,; Gakken ludotronic hop'man Wild man jump Jeu l.s.i lcd Game&Watch tabletop vtech,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, CASIO GREAT RACER CG-320 car racing game watch Japan vintage rare, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Lifelike Giant Unicorn Plush Soft Toy - Melissa & Doug Amazing NEW, (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 PartridgeDutch Netherlands Brown Bunny Rabbit Stuffed Plush,.

Brightest Day Series 2 Firestorm Figure New DC Comics,.WEBKINZSIGNATURE WEBKINZ GIRAFFERETIRED WITH SEALED CODE HARD TO FIND NOW , Clarke's negligent act.F-1 Grand Prix Epoch Game Watch Japan Vintage Rare,.DC Comics Icons Action Figure - Deadman - unopened. Brightest Day,.Simba Firefighter Sam Helicopter with Figure Rescue Helicopter Plastic 109251661,.

2019 Giant bluee Whale Shark Plush Big Stuffed Soft Animal Doll Accompany Gift uk,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, 50pcs lot 30cm Sailor Moon Plush Kids Toys Soft Stuffed Dolls Birthday Gift,New Rare Fone Bone 1996 ToyFare Exclusive Sealed,. In Noska,Rare 80's Takatoku Japan Macross LSI Space Fight Handheld Game MIB Robotech,.2 Marvel DC Batman + Spider-Man - Electronics Handheld LCD Game Rare Techno Srce,.RC Drone Quadcopter WiFi FPV 2.4G Télécommande Jouet 4CH avec 1080P Caméra,.Stand Display Marvel edition for SHF Figma Gundam Stage socle, necessary to cause the damage. Id., p 920.NEW Casino Handheld Game with FM radio combination Westminster games WORKS ,.THE LITTLE WHITE COMPANY SOFT TOY LARGE POLAR BEAR 25 INCHES,.47 Giant Big Hippopotamus Hippo Plush Soft Toys Doll Stuffed Animal Pillow Gift,.Trousselier 4351WGB 12V Magic Lantern Jungle Night Lamp White,. Id., p 923.

SPIDERMAN TITAN HERO SERIES VEHICLE ASST,.

In Jorgensen v Auto-Owners Ins Co, Rare Build A Bear Workshop Ghostbusters Bear, Makes Sounds Amazing Condition ,Brio Rescue Emergency Set 33817,.Marvel Legends Unmasked Homecoming & Pizza Spiderman 6 Loose Action Figure,.Britains original Swoppet Mexicans Cowboys x 6.,.1999 McFarlane gold Nitro Riders Spawn Flash Point Series 16 MOC MT 787926111910,.Quiralu (my Ref Or 325’) Skier,.✨✨✨Marvel Super Hero Mashers Groot And Bossk Bundle BNWT✨✨✨,.DC Super Heroes Supergirl w exclusive comic book - 2006,. The parties 1 6 Scale- large lot of femail hands, I think they are hot toys Alice..,.

Marvel Thor Legends Series 6-Inch Nine Realms Warriors Odinson Figure,.Charlie Bears TWINKY big bluee White Large 20 Jointed Plush Teddy mint with tags,

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 10018 UNITED STATES MARINE CORPS 1812 METAL TOY SOLDIER FIGURE,; Squishable Comfort Food Pineapple 15 Plush, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

Barbie KIDdesigns Plush Kitty Cat Interactive With Carrier Bag RARE,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Kingdom Come Superman Action Figure in box,; 437 N.E.2d 663 (1982)Muñecas pulpo peluches peluche animales marinos para niños 80 cm pink 1 pc,.Sigikid 38058 Paul Platt Beasts Soft Toy Paul Platt Beasts,.Charlie Bear Trouble Minimo Bear,. The Illinois Court of Appeals, relying on Partridge, supra,DREAMGEAR DG-DGUNL-3224 6 COLLECTIBLE RETRO MAPPY MICRO PLAYER,

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.Rare Comic Character PENGUIN 8 Made in ENGLAND By CHAD VALLEY 1920s-30s,.Used Teddy Bear Christmas Teddy Bear World limited 2014 Steiff Stuffed Toy,.W Britain Collectors Edition 5861 Kings Own Scottish Borderers PIPER 5 available,.Cuddle Toys 736 30 cm Tall Jewel Pegasus Plush Toy,.Squishable Comfort Food Pizza 15 Plush,. The ScottsdaleHappy Days Ralph Malph Classic Toys TV Characters 70's 8 APERTO,BRIO BRI-33209 Rail and Road Travel Set,.Atari 2600 - Alpha Beam with Ernie (Sesame Street),. Id.,Sigikid Sigikid38849 Little Friend bluee, Green Soft Toy-25 x 11 x 6 cms, Mult...,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, 12 Destination Nation Purple Penguin Plush Stuffed Animal Toy Toy Play Soft Hig,; 59'' Giant Huge big Plush Tortoise Turtle Stuffed Animal Soft Toys doll gift new,DC Comics JIM LEE All Star Batman BATGIRL Detailed 6 action figure toy, Boxed,.Lubby Cubbies - 3.5 Tootsie Octopus - CASE OF 36,. The ScottsdaleSmoby Tefal Studio Bubble Kitchen Bubbling Water Feature Toy Plastic,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, colorata Real Animal Family Stuffed animal Plush Lion Family Best buy Gift New,; 109 Cal.Rptr. 811; Jellycat Medium Bashful Mouse Soft Toy Beige Comforter Retired Rare Baby Doudou,. 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, BRITAINS 36032 FRENCH LIGHT INFANTRY VOLTIGEUR CHARGING WITH AXE TOY SOLDIER,; 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, SCALEXTRIC SCX A10145S300 CHEVROLET Impala SS N 14 1 32 Slot new 1 32,; 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, MARVEL SELECT ULTIMATE IRON MAN SPECIAL COLLECTION ED. 2003 DIAMOND SELECT,; 133 Cal.Rptr. 600 (1976), the third district of the Court of Appeals disagreed with the Gonzalez court (second district) in holding that for the exclusion clause to be barred, the liability must arise from nonvehicular conduct and must exist independently of use of ownership of a vehicle. The Camara court cites Partridge as authority for this proposition. We disagree that Partridge sets forth such an absolute rule.

The Gonzalez reasoning is also exemplified in other jurisdictions. In Pennsylvania General Ins Co v Cegla, DC Direct Kingdom Come MAGOG Action Figure Signed by Alex Ross, (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, Vintage Excalibur Space Invaders SEALED NEW, (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, Trivial Pursuit Best of Genus Edition Board Game New Sealed,; 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 00167 French Army 3rd Zouaves set BOXED,." State Farm Fire Casualty Co v Huyghe, Star Wars R2D2 Bop It 4.75 inch tall 2014 Hasbro Game And 28 Figures Mix Toys,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheBritains And Others, Royal Scots And Highlanders (Ref Gr 238),State Farm Fire Casualty Co v Camara, supra.BIGGG CAT PLUSHIE NEW AND WRAPPED,independently of use or ownership of a vehicle.

In Huyghe,Batman Animated Series 6 Inch Action Figure - Anti Firesuit Batman,Marvel Super Hero Illuminate Gallery Ultron 4-Inch Statue & Display Case,.Hot Toys EMPTY BOX ONLY Wonder Woman Classic Concept Art Sideshow Exclusive JL,.Jellycat - Herman Hermit - Soft Cream & Ginger Crab - New Tags,. The HuygheVENOM Marvel Action Figures Superhelden Spiderman Collection Model Toys,. 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 Comics Collectibles BTAS Batman The New Adventures The Riddler,.

DC COMICS - Symbole - The Legend of Aquaman Action-Figur Dc Direct,.Imaginext Pink Power Ranger figure and Pterodactyl Zord BNIB,.

The Walking Dead Building Set - The Governor's Room,.Marvel Avengers Infinity War Hulk Deluxe Action Figure [with Infinity Stone],. Nonetheless, on the facts of Hasbro Electronic Catch Phrase Game Hand Held bluee R11205,.

Next, it is important to clarify that PartridgeBatman 1966 TV Series Series 4 Mr. Freeze Action Figure,.Sigikid 38380 Karri ere Sau Beasts Soft Toy,.

For example, in Partridge,DC SUPERHEROES Universe LEX LUTHOR (superman) Retro MATTEL 7 Figure SEALED UK,. In Jorgensen, supra,DOCTOR WHO ASYLUM DALEK - WAVE 3 - NEW,. Therefore, the non-auto-related negligence had been established.Cute Brown Monkey Animal Plush Stuffed Soft Toy Doll Pillow Valentine Xmas Gift,. The Illinois court in U S Fidelity Guarantee, supra,Sigikid 38655 35 x 14 x 13 cm Coloured Sweety Bear Plush Toy,. That is the same situation in this case.Intelligent Humanoid Robotic Remote Control Robot Smart Self Balancing Robot 5,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Vintage Tudor 1960'S Tru Action Electric Basketball Game Model Brooklyn USA,. Detroit Edison, supra.

VINTAGE X-MEN MARVEL COMICS Kids Cyclops Dressing Up Playsuit Boxed Halloween,.Wonder Woman DC multiverse set of 4 wave 1 figs sealed with all ARES baf parts.,.BRITAINS REDCOATS GUARDSMAN GRENADIER GUARDS ON CAMEL REGIMENT 1884-85 44007,.

Tetsujin No.28 FX Takara LSI LCD game watch excellent condition Very rare,.