Nendgoldid Momoise Kiseka Swimsuit Bikini Bikini Bikini (Ocean bluee) d8cab6

Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
Nendgoldid Momoise Kiseka Swimsuit Bikini Bikini Bikini (Ocean bluee) d8cab6
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 Decorated Unicorn Pegasus Foal - Schleich Free Shipping ,.SS GOGU WHIT TRIPLE ENERGY FLASH DRAGON BALL Z ACTION FIGURE NEW IN CARD,.Takamura Yui nendgoldid n°293 (Muv-Luv Alternative Total Ec) - Good Smile Company,.EIKOH PUZZLE & DRAGONS VOL.12 METATRON PVC FIGURE,.

The essential facts are not in dispute.Good Smile Shuukan Hajimete no Hatsune Miku Nendgoldid Action Figure,.Strike Witches Erica Hartmann 1 8 PVC Figure Alter.,. At approximately midnight, Clarke drove home in his automobile.HATSUNE MIKU 25 CM FIGURE VER. PROJECT DIVA 2ND 9,8 IN BOX,.Cu-poche THE IDOLMaSTER Haruka Amami Figure KOTOBUKIYA NEW from Japan,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Medicos Jojo's Bizarre Adventure Part 3 Hierophant Green Figure 4580122818524,.NEW Nendgoldid 526 TERRAFORMARS Akari Hizamaru Figure Good Smile Company F S,.The Flash - TV Reverse Flash Action Figure - DC Comics Free Shipping , Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

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Airfix British Highland infantry Waterloo Napoleonic 1 72 Scale 207 Figures,.KAGAMINE RHINE CHEERFUL CANDY 20 CM FIGURE VER. PROJECT DIVA ARCADE 7.9 ,.Funko Pop Harry Potter - Rubeus Hagrid 6 Inch Super Sized - Brand New,.Good Smile NENDgoldID More Figure Girls und Panzer Film T-34 85 Tank, Box Damage,.Bleach Abarai Renji Statue Megahouse,.

Mawaru Penguindrum Survival Strategy Figure 1 - SEGA - Himari Takakura,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Good Smile Girls und Panzer Miho Nishizumi Nendgoldid PVC Figure DEC128250,.Nendgoldid Yuri on Ice Victor Nikifgoldv Good Smile Company Japan New ,.Sword Art Online Sao Figure 2 Silica Separately Taito Prize,K MISSINGS KINGS FIGURE FUSHIMI SARUHIKO 22 CM ESC. PRE-PAINTED 1 8 8 ,.SEGA SPM ship this morning frost frost frost rebate strategy super premium,.

Tenga Robo Mega Beam Set First Edition Limited Abs Deformed Toy Painted Finished,.Rank B Super Asurada Akf-11 Metallic Editioncentury Gpx Cyber Formula Cfc,.Nendgoldid Dota 2 Mirana Good Smile Company Japan New ,.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.Max Factory FIGMA 153 The Legend of Zelda Skyward Sword Link,.Medicos Super Action Statue Jojo's Bizarre Adventure Giorno Giovanna Figure,.Medicos TV Anime Drifters Toyohisa Shimazu Figure 4580122811778,." Hazel Park v Potter, 169 Mich. App. 714, 718; Max Factory Sword Art Online II Asuna Alfheim Online Version Figma Action Figur,.Pokemon Center Original Peluche Naganadel (Agoyon) 1013,. Pontiac School Dist v Bloomfield Twp, Figma 312 Arpeggio of bluee Steel Ars Nova YOTAROH Action Figure Max Factory NEW,; BROLY NEW MOVIE FIGURE DRAGON BALL SUPER ULTIMATE SOLDIERS BAMBOLA PUPAZZO,; 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. . . .

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A motion for summary disposition under MCR 2.NEW Cosmo Fleet Special Space Battleship Yamato 2202 w Asteroid Ring Figure F S,.ROBOTECH NEW GENERATION - ALPHA POSEABLE STEALTH SHADOW FIGHTER ACTION FIGURE,.Japanese Empire Squad Army 00 Type Tactical Walk Fighter Taketo Lightning,. Fulton v Pontiac General Hosp, Evangelion Movie 2.0 SEGA Prize PM Figure Vol.3 - Makinami Mari (Plugsuit),; Figma The Melancholy of Haruhi Suzumiya Asahina Migukuru Uniform ver.,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, PVC Action Figure Collectible Model SHFiguarts BODY KUN BODY CHAN Grey color,; 207 N.W.2d 316 (1973).

Good Smile Food Wars Shokugeki No Soma The Third Plate Megumi Tadokgold Nendor,. 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.

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Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Yu-Gi-Oh GX 360 Joynt Series 1 Elemental Hero Clayman Action Figure,.

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The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, DRAGON BALL Z personaggi lotto 22 pz ACTION FIGURE Sayan Goku lotto DRAGONBALL,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.MAX FACTORY Figma 089 Caro Ru Lushe Magical Girl Lyrical Nanoha Japan Import,.TOUHOU PROJECT PETANKO MARISA KIRISAME & REIMU HAKUREI 7-8 CM-IN BOX,.Izetta The Last Witch - Izetta Nendgoldid No. 715 (Good Smile Company),.Shfiguarts Heart Roy Mud Super Evolution Kamen Rider Drive Soul Web Store,.CANAAN Nendgoldid Canaan (nonscale ABS & PVC painted movable figure),.

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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, Nendgoldid Yuri Plisetsky Yuri on ICE GSC Authentic USA Figure, although there is no uniform application of the doctrine.Dragon ball Z Lampara LED + Figura Vegeta 15cm Envío desde España,Partridge, but also over the analysis to be applied.Nendgoldid Horizon on the Borderline Horizon Ariadust Uniform Ver. (Dengeka Limit,. .jp One Piece CREATOR × CREATOR -TONYTONY.CHOPPER- Tony Tony Chopper,PartridgeHatsune Miku - Project DIVA- premium figure -extend-,.Nendgoldid Osomatsu-san MATSUNO TODOMATSU Action Figure Benefits,.

See Waseca Mutual Ins Co v Noska, Nendgoldid Sword Art Online the Movie Ordinal Scale Kirito Ordinal Scale Ver., (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Go nagai robot collection goldorak figurine n102 marigera figurin proche du neuf,; ULTRAMAN 11 ITEM Lot SEVEN ACE LEO Figures + Diorama + Giant Pretz Special Cards,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, S.H.Figuarts Mega Bashamo Japan Import, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, K-ON Nendgoldid Nakano Azusa (ABS & PVC Painted Figures), (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 PartridgeNendgoldid 648 Osomatsu-san JYUSHIMATSU MATSUNO Action Figure orange red NEW,.

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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Five Nights at Freddy's Pizza Sim - Pig Patch Pop Vinyl - FunKo Free Shipping ,Wcf freezer resurrection of f,. In Noska,MACROSS FRONTIER Figurine Sheryl Nome Utahime collection,.1 72 Scale ZOIDS HMM PTERAS BOMBER - RZ010 - JAMIE Ver. - Construction kit,.Pre Figuarts Zero Tony Tony Chopper - Hole Cake Island Ver (PVC Figure),.Funko Pop Animation Fairy Tail- Lucy Collectable Figure + FUNKO PredECTIVE CASE, necessary to cause the damage. Id., p 920.HCM Pro 46-00 RX-79[G]Ez-8 GUNDAM Ez8 1 200 Action Figure The 08th MS Team NEW,. Fist North Star Vol.2 Figure Collection no.4 Raoh Kaiyodo Hokuto ,.Kaiyodo Mon-Sieur Bome Vol. 3 Oni-Musume She-Devil,.Funko Pop Star Wars The Last Jedi BB-9E (Chrome Exclusive),. Id., p 923.

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In Jorgensen v Auto-Owners Ins Co, Nendgoldid 77 Fate Unlimited Codes Saber Lily Figma Stay Night Zero S.H. Figuarts,DARK HORSE NARNIA SATYR DESIGN MAQUETTE STATUA,.GOOD SMILE - Nendgoldid 858 Star Wars BB-8 Figure,.Dragons Of Destiny Resin Plaque (Lime) - William Valentine Free Shipping ,.S.H.Figuarts Star Wars Clone Trooper Phase1 about 150mm ABS PVC painted,.ROBOT SPIRITS SIDE MS THE PRINCIPALITY OF ZEON FORCE WEAPON SET Ver. A.N.I.M.E.,.Gundam Maryu Kenshii Metallic Ver. EXPO Limited GUNPLA SD Gundam BB Senshi,.Good Smile Company Nendgoldid Sombra Classic Skin Edition Figure New from Japan,. The parties NEW Nendgoldid dull her brought up how ABS & PVC made of PVC,.

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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, VOCALOID Hatsune Miku Racing Ver. SQ Figure Team Ukyo Cheering ver. 2017 13 cm,; 20th Anniversary Sailor Moon Figures Magazine Japan, (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, Dragon Ball Z World Collectible Figure VS Buu - Monkey King,; 437 N.E.2d 663 (1982)IN HAND KAIYODO REVOLTECH ZOIDS GENO BREAKER 4537807010353,.FATE STAY NIGHT FIGURE SABER 26 CM FIGURE ALTRIA KING OF KNIGHTS 10 BOX,.Nendgoldid Petit Magical Girl Lyrical Nanoha The MOVIE 1st BOX Japan,. The Illinois Court of Appeals, relying on Partridge, supra,SUPER Sexy anime figurine Dragon Girl action figure toy model Rage of Bahamut,

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.Good Smile Company Eromanga Sensei - Nendgoldid Elf Yamada,.Gashapon Megahouse Kame Sennin Piccolo Daïmao Mafuba,.Robin Krillin Full color Dragon Ball Capsule Neo With One Piece,.Boruto-Naruto Next Generation BORUTO FIGURE,.Dragon ball z Swing Head 3D Vegeta Supe rSaiyan,. The ScottsdaleHG Mazinger Z Mazinger Z INFINITY Ver. 1 144 scale color-coded pre-plastic model,Aladdin - Jafar With Iago 5-Star Vinyl Figure - FunKo Free Shipping ,.Cuphead - Cuphead & Mugman Vynl. - FunKo Free Shipping ,. Id., Xs1 lot 2 One Piece Hawk Eye Dracule Mihawk Hawk Eye Dracule Figure Statue 5 ,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Twigs rise Hatsune Miku DSP-BOX height of about 45mm Painted figure,; Free Shipping from Japan Authentic Nendgoldid Hatsune Miku 2.0 Vocaloid 300,VOCALOID - Racing Miku Set 2011 Ver. Petit Nendgoldid set Good Smile Company,.Nendgoldid Star Wars Episode IV A New Hope Princess Leia Good Smile Japan new,. The ScottsdaleSTATUETTE EVANGELION ASUKA (Figurine de 20cm) SEGA EVA RACING Prize PM Figure,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Game Of Thrones Sansa Stark 7' PVC Figure DARK HORSE DELUXE,; 109 Cal.Rptr. 811; DD11_13 Irwin Toy Dragon Ball Z Lot DBZ SUPER SAIYAN GOHAN Series 2 dragonball,. 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, NARUTO SHIPPUDDEN FIGURE HATAKE KAKASHI 19 CM LIGHTNING BLADE VER 7.5 BOX,; 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, Mightymast Leisure 34-IN-1 Multiplay Games Table Incorporating Table Football, &,; 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, Figma 171 Puella Magi Madoka Magica Sayaka Miki School Uniform ver Japan new.,; 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, Little Busters Ecstasy Nendgoldid Noumi Kudryavka Winter Clothes ver. (Non Scale, (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, ONE PIÈCE FIGURINE EMILIE DRACULE 28 CM-ANIME MASTER STARS 11 AVEC BOÎTE, (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, Code Geass Lelouch Of The Rebellion Vincent 1 35 Plastic Model Kit (NO GUNPLA,; 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 PartridgeDRAGON BALL Z esculturas 6 Future Troncos SSJ Especial color Pvc Figura,." State Farm Fire Casualty Co v Huyghe, Fine Molds Fg5 Laputa Castello in Robot (Giardiniere Verion) 1 20 Scala Kit,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheNEW figma 255 THE IDOLMaSTER Uzuki Shimamura CINDERELLA PROJECT ver. Figure F S,State Farm Fire Casualty Co v Camara, supra.Judge Dredd - Judge Mortis Badge - 1 1 Scale Prop Replica,independently of use or ownership of a vehicle.

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