PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4
Brio CARGO TRANSPORT HELICOPTER Wooden Toy Vehicle BNIB,
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 NEW Game Electronics WOLF CATCHES EGGS. NU-POGODI Made in USSR.Original.,.BRITAINS SOLDIERS WW2 25030 - U.S. Military Policeman USAAF, England, 1942-45,.CUDDLETOWN FRIENDS FOREVER STUFFED PLUSH BEIGE BUFF TAN PUPPY DOG BIG HUGE 36 ,.1996 MORPHATRONS ALIEN ELECTRONIC GAME TIGER MOC HAND,.

The essential facts are not in dispute.DC Super Heroes - Figurine métal ERTL - The Joker,.Brio Small Freight Locomotive Battery Train Rail Start Stop Function Wooden Toy,. At approximately midnight, Clarke drove home in his automobile.Ravensburger BRIO World - High Speed Train .,.MARVEL DC UNIVERSE BLISTER CASE LOT 25 Action Figure Predective Clamshell MEDIUM,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.FAIRY TAIL HAPPY CUSCINO PELUCHE 40 CM gatto pillow oreiller cushion plush natsu,.Marvel Legends- PROXIMA MIDNIGHT, THANOS BAF - FAST SHIPPING ,.Britains Set 17780 United States Marine Corps 8th & I Drum and Bugle Corps,1955, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

VINTAGE CARTER'S BABY WHITE TEDDY BEAR RATTLE STUFFED ANIMAL PLUSH TOY,.RARE VINTAGE 1995 SPIDERMAN DAILY BUGLE PLAYSET TOY BY TOYBIZ,.Diamond Select Toys DST Marvel Green INCREDIBLE HULK Action Figure, Box Damage,.Piutrè 1265 50 cm Lying Bernese Mountain Dog Plush Toy,.

Hallmark Jumbo Husky Plush Large 36”,.Brio MY HOME TOWN FARM SET Toy Figures BNIB,.NewRAREBeautiful LAND ROVER Plush Stuffed Safari Teddy Bear with Cargo Outfit,.BRITAINS 40371 FLOWER FAIRIES pink FAIRY METAL CHARACTER FIGURE,.Maogolan Giant Stuffed Puppy Dog Big Plush Extra Large Stuffed Animals Soft Plus,.

VINTAGE BRITAINS THE B.A.T gun no 2173 BOXED,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.BRITAINS 50010C REDCOATS BRITISH 45TH REGIMENT OFFICER MOUNTED TOY SOLDIER,.Thomas & Friends Wooden Railway SCRUFF Y4397,.Power Rangers Legacy Mighty Morphin 5-Inch Green Ranger Action Figure, Version,PP02 Britains post WW2 version set 1512 Ambulance (round nose) VGC,.MOTU CLASSICS SLUSH HEAD 6 ACTION FIGURE MATTEL 2012 HE-MAN WITH MAILER BOX,.

Simba Firefighter Sam Helicopter with Figure Rescue Helicopter Plastic 109251661,.50 Blank Plain Printable Philip Teddy Bears Soft Toys for Transfer Sublimation,.SDCC exclusive Sylar from Heroes action figure by Mezco 2007 fast free shipping,.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.

Perfect Petzzz 4916 redtweiler Plush Toy,.

Sigikid Sigikid41534 32 x 12 cm Colin Colour Activity Mouse Toy,. We agree in part.

Keel Toys 100 cm White Tiger,.NOOKA Lyer Game -Regeneration- ZUB38 wrist watch 300 copies limited Japan NEW,.

A motion for summary disposition pursuant to MCR 2.BRITAINS 17611C 2008 COLLECTORS CLUB MATTE UNION OFFICER TOY SOLDIER FIGURE,.MARVEL LEGENDS Infinite Series DEADLIEST FOES 6 Figure With Part 5 Leg,.Set Of 2 1994 Universal Studios Balto Jenna Red Husky Plush Dog 28” 4,." Hazel Park v Potter, 169 Mich. App. 714, 718; Shiba Inu Puppy by Piutre, Hand Made in , Plush Stuffed Animal NWT,.Trudi Panther Iris Plush (46 cm),. Pontiac School Dist v Bloomfield Twp, DC comics super Hero toys 5 action figure 3+,; SHOOTING WATCH Pro game Hudson Japan used,; 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. . . .

Advance giant mega jumbo lying down plush toy Rivai,.The Flash tv series Flash 3.75 inch figure set,BATMAN THE BRAVE & THE BOLD Collection_THE RIDDLER 5 figure_Stealth Strike_MIP,. Pontiac School Dist, supra.Peanuts Snoopy and Charlie Brown x 4 Plush Set,.

Hot Toys Dark Knight BATMAN DX02 Figure 1 6 GAUNTLETS,.

A motion for summary disposition under MCR 2.BRITAINS SOLDIERS 16019 - Eastern Woodland Indian Casualty No.2,.ZHISHAN Handheld Game Console Classic Retro Video Gaming Player Portable Arcade,.ANIMAL ADVENTURE STUFFED PLUSH BIG HUGE LARGE JUMBO goldEN RETRIEVER DOG YELLOW,. Fulton v Pontiac General Hosp, 5 Foot Giant Teddy Bear 60 Inches Cinnamon Brown color Wears TE AMO T-shirt New,; Marvel Titan Avengers Speaking Bundle Hulk, Iron Man etc 10-12 Figures x 5,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, 85cm Jumbo White Unicorn Plush Toys Giant Unicorn Stuffed Animal Horse Toy Soft,; 207 N.W.2d 316 (1973).

PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4PACIFIC PACIFIC PACIFIC RIM 2 UPRISING GUARDIAN BRAVO JAEGER STATUE PVC ACTION FIGURES ROBOT TOY 3b00c4

Hypnosis microphone - Division Rap Battle - Jinguuji seirai,. 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.

1993 Sabretooth 10-inch deluxe edition action figure, new NIB, Marvel X-men,

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.]

Huge Pink Unicorn Plush Toy Large 120 Cm Jumbo Cuddly Kids Fairy Super Soft Gift,

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.

DC Comics Imaginext Mattel Batman No Toy Figures 2013,. First, the policy's exclusionary language is not ambiguous.Thanos figure Marvel legends rare Walmart Exclusive NIB avengers infinity wars,.Marvel Legends Ultron Series Antman figure 6 inch,. See Allstate Ins Co v Freeman, supra, pp 665-667.X-Men Uncanny Cyclops Laser Light Eyes Action Figure Toy Biz 1993 (Variant),. We disagree with the trial court's second and third statements.3 Peluche Bob Stuart e Kevin Minions Film 2015 3D Originale Movie Film Trailer,.

(NEW & SEALED) UNO COLOR SCREEN Electronic Handheld Radica Game 2007,.Whimsicott Substitute 12 inch Plush Pokemon Center Original New from Japan F S,.Ultimate Spider-Man Titan Hero Buitre Figura De Acción,.93 (236cm) Plush Sitting Bear (3+ Years)-14044,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.VTG SEGA MASTER SYSTEM CARTRIDGE ROAD RUSH PAL TECTOY TEC TOY,.

Very Vintage Britains Set 2076 The 12th Lancers Mounted inc Officer in Roan Box,.COMIC BOOK CHAMPIONS FINE PEWTER FIGURE THE HULK 1996,.126TH RINGLING BROS BARNUM BAILEY GREATEST SHOW STUFFED ANIMAL PLUSH ELEPHANT,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, SUKI Gifts Dinoz. Jumbo Stegasaurus. Bnwt,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Gakken NAMCO FL LSI Tabletop Game Dig Dug Japan Great Condition Free Shipping ,.Scentsy Buddy Maddie the Ballerina Mouse,.Super Friends Retro Style Action Figures Series 4 Green Lantern by FTC,.Brio Fire Engine with Ladder Vehicle 3Part Accessory for Wooden Railway Rail Toy,.ZOMBIE PETS Plush Pet Squeaker, Diego, Buttercup Nigel w App Codes Lot of 4 New,.

Jellycat Happy Patches Lion Comforter Baby Soft Toy Striped + Scarf Retired Rare, the ownership, maintenance, operation or use of any motor vehicle.DC Direct Justice Society of America Sandman Action Figure,.JUN PLANNING AI BALL JOINTED DOLL FASHION PULLIP GROOVE INC ENGLISH IVY Q-731,. The PartridgeMelissa & Doug Unicorn Plush Toy White - 30 inches,.NEW DC Comics Mother Box Prop Replica Statue New Gods Sounds Lights Collectible,.BATMAN - Arkham Knight - Catwoman Figurine Dc Direct,

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, Giant White Teddy Bear 45 Inch Soft Wears Removable White Graduation Gown & Cap, although there is no uniform application of the doctrine.Footballer (my Ref Or 312’) Unknown Maker,Partridge, but also over the analysis to be applied.Peter Rabbit & Benjamin Bunny Limited Edition Plush,.Llama Llama Red Pajama Book Bundle with Large Stuffed Animal LLama 13.5 and Red,PartridgeMarvel Select Spider-Man Action Figure, Diamond Select,.Marvel Legends Hasbro Fin Fang Foom Series SHE-HULK rare ,.

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, Dream Lites Green Jumbo 26” Triceratops Night Light Pillow Pet HTF,; Hasbro B74281020 Bop It Game,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Used Teddy Bear Teddy with book Steiff 125th anniversary limited Steiff, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Mindflex Mind Flex Duel Brainwave Concentration Game By Mattel 2010, (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 PartridgeMarvel Legends Captain America Series I,.

Pokemon Gengar 10 Inch Plush - Brand new ,.Rare Marvel Legends Classic Series Small Eyes Spiderman, Clarke's negligent act.27cm Hansa Pademelon w Joey Handmade Plush Soft Cuddly Realistic Stuffed Toy,.BRITAINS 17285 AMERICAN REVOLUTION AMERICAN 6 POUND GUN CANNON & CREW MIB my,.9 IKEA plush toys stuffed animals with accessories - Mother baby fox & elephant,.

Brio MY HOME TOWN LIGHT & SOUND POLICE CAR Wooden Toy Vehicle BN,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Soft Cuddly Toy Tintin Snowy 50cm 35131 (2014),DC Universe Legacy Edition Modern Age BATMAN 6 Action Figure Mattel 2006,. In Noska,13 Cuddle Promo Bean Bag Tiger - CASE OF 24,.Olivia Basic Ready for Bedtime Plush,.BRITAINS 40383 ANGELINA BALLERINA BRITISH MISS LILLY METAL CHARACTER FIGURE,.KAWS Limited UNIQLO UNIQLO kaws BOX complete, necessary to cause the damage. Id., p 920.MARVEL Civil War Captain America AND Iron Man 4-inch Metal Die-Cast Figures,.BRITAINS LONDON HILTON HOTEL PARK LANE blueE + ROYALS METAL TOY SOLDIER FIGURE,.Spyro the Dragon 2003 Plush Toy Free Shipping,.DEADPOOL WADE WILSON REVOLTECH 15 CM-ACTION FIGURE X-FORCE VER N.001 EX IN BOX,. Id., p 923.

VTG 80's AMERICAN FOOTBALL ELECTRONIC TABLE TOP ARCADE GAME BRAND NEW,.

In Jorgensen v Auto-Owners Ins Co, Plush Soft Toy Sleeping Polar Bear By Hansa. 38 Cm.,DC Super Heroes - Figurine métal ERTL - Batman poing levé,.Super Rare Jellycat Small Candy Stripe Zebra Pink Junglies Retired 2004 2005,.TV Video Game Plug and Play LOT OF 3-ATARI NAMCO PAC-MAN- RETRO GAMING USED HTF,.BRITAINS ROMAN GREEK X 4 TROJANS GLADIATORS EXCELLENT 54MM UNBOXED (BS2453),.BRITAINS 31071 A.C.W. UNION CAVALRY GUIDON BEARER DISMOUNTED NO.1,.BRITAINS 1930s RARE LEAD FARM SERIES ENGLISH FLINT WALL ROUND CORNER SECTION,.Britains set 3113 The 17th Lancers,. The parties BRITAINS 7229 3 X CEREMONIAL HORSEGUARDS MOUNTED METAL TOY SOLDIER FIGURE SET,.

Moto Joe Bar Team 087 Honda 750 Four de 1969 1 18 figurine Hachette,.SPIDER-MAN SPIDER-STRENTH FIGURE 6 TOYBIZ CLASSIC 2005 NEW(NOW AMAZING 1347890,

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, The Price Is Right Collectible Electronic Game. 2008 New Rare Tabletop,; Eaglemoss Marvel Movie Collection Iron Man special Mk 17 XVII Mega rare New, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]

FROGGER LED Electronic Tabletop Handheld Game Excalibur 4011-A NEW IN BOX,.

Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, 16 2012 MANHATTAN GIGGLE BABY orange WHITE MONKEY APE STUFFED ANIMAL PLUSH TOY,; 437 N.E.2d 663 (1982)Dolphin Plush Stuffed Animal Soft Toy Pillow Bolster Sofa doll Gift A Giant Huge,.Dark Horse Comic Quimby The Mouse Wooden Toy,.MARVEL LEGENDS INFINITY WAR CAPTAIN AMERICA,. The Illinois Court of Appeals, relying on Partridge, supra,Perfect Petzzz Chocolate Lab Plush,

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.EXTREME ZOMBIES Mondo 13511 Figure Figurine RARE - 2001 - BOXED,.Marvel Legends Civil War Series Iron Skull Action Figure,.100cm Big Cute Doll Toys Stuffed Animals Panda bears plush Pillow Bolster Gift,.DC Comics JIM LEE All Star Batman BATGIRL Detailed 6 action figure toy, Boxed,.Ravensburger Brio 30555 – Multicoloured wooden doll's Cot,. The ScottsdaleSuper Giant Panda Toy Plush Huge Cute Jumbo Doll Stuffed Soft Kid Birthday Gift,Remco Warrior Beasts Snakeman Vintage Action Figure 1982 MOTU KO Lot Rare,.Football II -Mattel Electronics Handheld Game,No BattCover, Telstar 6041 Adapter,. Id.,Selens 120cm Photography Studio 16 Rods Octagon Parabolic Umbrella Softbox with,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, BRITAINS REFINISHED RE CAST HOLLOW CAST 10 x MOUNTED 17th LANCERS on PARADE nq,; BRAND NEW - NIKE X STAPLE SB DUNK PANDA PLUSH - PIGEON - SEALED - SS19 - 001002,Polar Bear - exquisite plush collectors cuddly soft toy by Kosen Kösen - 3270,.Pokemon Pokedex - Tiger 1999 - Fully Working,. The ScottsdaleFIGURINE WONDER WOMAN 30 CM,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, V912 RC Helicopter 2.4G 4CH Drone Toy Remote Control Drones Flying Toy YDS3,; 109 Cal.Rptr. 811; EXTRA LARGE Princess Kittycorn Plush - 32 - CatiCorn - Rainbocorns - Unicorn,. 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, Trudi 24 cm Koala Plush Toy Grey,; 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, Rhino Figure.Spider-Man.Total Armor. Toy Biz.Super Rare.In new mint condition.,; 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, Brio Medium Rail Range Selection 16Part Accessory for Wooden Railway Train Rails,; 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, Comic Book INDY MINIMATES 2PK Assortment Full set of 4 MIP IMAGE VALIANT REVIVAL, (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 Redcoats 44037 Guardsman, Grenadier Guards with SA-80, Present Day MIB, (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, COLORATA Real Animal Plush Stuffed Animal Giant Panda Cute Kawaii,; 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 SPIDERMAN ABSORBING MAN WAVE VENOM 6 INCH FIGURE,." State Farm Fire Casualty Co v Huyghe, BRITAINS 41117 LORD ADMIRAL HORATIO NELSON WITH EMMA METAL TOY SOLDIER SET,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheBABY GUND MOMma BABY BEBBA BUNNY RABBIT pink RATTLE PLUSH TOY 13 4036988,State Farm Fire Casualty Co v Camara, supra.Aurora World 15654 19-inch pixie Unicorno Plush Toy - Unicorno Tokidoki Pixie,independently of use or ownership of a vehicle.

In Huyghe,New Jellycat Candy Stripe Bunny Rabbit Soft Toy Medium bunny new tags,10 Personalised Harry Teddy Bears Promotional Logo Text Photo Printing Gift Bulk,.William Britain Revolution Continental Infantry Charging 18059,.Dinosaur ANIMAL PLANET - Plush toy Tyrannosaurus Rex of the TV program Animal -,. The HuygheKaloo K963553 red Kaloo Rabbit Plush Toy, bluee, 38 cm 15 Inch 38 cm 15'',. 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 Huyghe2009 THE MINDFLEX SYSTEM - Single Player,.

Marvel Universe 3x Hulk King War Classic 3.75 inch figure's,.GlitterShine bluee Mermaid Dragon Plush Stuffed Toy - 12 Inches - Sea Sparkle,.

NINCO Officer 10315 Car circuit,.MARVEL UNIVERSE 3.75 FANTASTIC FOUR FIGURE BOX SET (FUTURE FOUNDATION),. Nonetheless, on the facts of MARVEL Select Elektra 7 inch scaled collector figure rare,.

Next, it is important to clarify that PartridgePIER 1 VIRGIL THE VALENTINE SLOTH PLUSH STUFFED ANIMAL - 2018,.VINTAGE BEARYS N CREAM STUFFED PLUSH COMMONWEALTH TEDDY BEAR 1982 WHITE RED,.

For example, in Partridge,Real stuffed African Elephant Sleeping night series Japan,. In Jorgensen, supra,CHARLIE BEAR Mimimo Roary the Lion - MM175630,. Therefore, the non-auto-related negligence had been established.BRITAINS 8835 QUEENS OWN CORPS OF GUIDES CAVALRY - NON STANDARD SET,. The Illinois court in U S Fidelity Guarantee, supra,BRITAINS 41030 WW1 WOUNDED MAN CARRIED + BRITISH HELPING GERMAN TOY SOLDIER SET,. That is the same situation in this case.Walkera Pamkuu Robot con App-Steuerung red,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Brio Travel Rechargeable Train 33746,. Detroit Edison, supra.

Scruffy-22 Sitting Elephant - CASE OF 4,.DRAGON BALL GT ANIME FIGURE GOKU SUPER SAYAN 4 SSJ4 BIG SIZE 34 CM,.Scruff-a-Luvs Purple Rescue Toy Pet Dog, Cat or Rabbit Worlds Apart,.

MARVEL VENGADORES AVENGERS - SET 4 FIGURAS 4 FIGURES SET (BOBBLE HEAD),.