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 SCALEXTRIC 6360 MITSUBISHI EVO VIII SOLA,.5 g 5 inch Gauge BR Standard Covered Van Miniature Scale Railway Freight Wagon,.NSR Ford Mk II GT40 White Body Kit NSR1373,.4050 Scalextric Spanish Near mint Chevrolet Corvette Dragster in bluee, boxed,.
The essential facts are not in dispute.FLY 1 32 A203 Dodge Viper GTS-R 24h Le Mans 2001 BOXED,.1 16 Torro German Panzer IV RC Tank 2.4GHz Airsoft Metal Edition PRO Kharkov1943,. At approximately midnight, Clarke drove home in his automobile.2C5C Cool Remote Control Tank Beginning Ability Decor Cultivate Interest Relax,.RC Panzer IV F1 mit Schuss, Rauch + Sound 2.4 GHz AMEWI QC Control Edition 23065,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Lehmann Replica 80653 Model Airplane, Mechanism a Stringed Ed. Lim.,.1 28 RC Tank 27Mhz Infrared RC M1A2 Tank Remote Control Tank for Kids Boy NZ,.Qq 2202 SCALEXTRIC EXIN STS BOX 4 BLISTERS TRAILERS RED BUS YELLOW GREEN WHITE, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
SJ R C S30W 720P Adjustable Wide Angle Camera Dual GPS FPV RC Drone Hovering WQ,.Torro Solid Rc Stug 3 Version G Bb 2,4ghz Torro -edition 1114238683,.2.4G Henglong 1 16 6.0 Leopard2A6 RTR RC Tank 3889 W 360° Turret Metal Idlers,.Hogan Wings 1 500 Boeing 777-200 American Airline N796AN Modellairport500,.
FLY 88210 GB-26 SLOT CAR CHEVRON B21 LE MANS 1973 DUBOS- CHRISTINE -PAGANI,.GENUINE MAMOD SPARES TE1 LIVE STEAM TRACTION ENGINE EARLY FRONT WHEELS AXLE,.SCX 83880.20 Seat 850 Vintage, totally mint and unsed.,.Fly E81 Viper GTS R Salon Madrid, mint unused,.Carrera Go Teenage Mutant Ninja Turtles 1 43 Warrington Collection Or Can Post.,.
SCALEXTRIC C8433 ARC ONE Powerbase Upgrade Kit - Connect iPhone to Scalextric,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.Scalextric C3089 Aston Martin DBS Green,.Scalextric C2896 Chevrolet Camaro 1970 1 32 NEW ,.Aurora AFX Porsche 917 White & Green closed vent mean Green motor HO slot car,Fly Pa2 Car Venturi 600 Lm, New Clearance (Compatible Scalextric),.Mamod Live Steam Railway RS1 rs3 Train Set Wagons and Loco.excellent used,.
COCHE SLOT SCALEXTRIC ALTAYA DUELOS MITICOS WILLIAMS FW 07 REGAZZONI USA GP,.Carrera Digital 132 30481 Pontiac Firebird Trans Am 1977 New,.ELASTOLIN LINEOL prewar german Luftwaffe soldier musician with fanfare,.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.
TOYEN Spaceman RC Robot With Shoots Soft Rubber Missiles, Flashing Lights and So,.
Traxxas 1 16 Slash XL2.5 4WD 7154X Wheel hubs, hex bluee,. We agree in part.
Carrera 27496 Ferrari F14 T Fernando Alonso Evolution Analog Slot Car 1 32,.Steiff Little Sissi Piglet Pink Cuddly Soft Woven Fur Animal 22cm 280016 RRP,.
A motion for summary disposition pursuant to MCR 2.Mercedes Actros & Mercedes AMG GT 1 26 1 24 Fernsteuerung 2,4 GHz, 405105,.Carrera Evolution 27405 Mini Countryman WRC Daniel Sordo no. 37 RMC 2012 NEW,.Carrera Evolution 1 32 Slot Car 27575 Ferrari F1 SF70H S. Vettel No.5 NEW,." Hazel Park v Potter, 169 Mich. App. 714, 718; blueE BOX HISTORICAL FIGURES COLLECTION LOT 1,VINTAGE ,VERY RARE HARD TO FIND,.Mamod TE1a Steam Tractor Traction Engine with Original Box,. Pontiac School Dist v Bloomfield Twp, Kyosho Kette Heavy Metal für Blizzard SR BLW2B,; Scalextric boxed car Maserati MC12 Scuderia Playteam No 11,; 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. . . .
SCALEXTRIC 6333 AUDI R8 PLAYSTATION MONTAGNY GOUNON ORTELLI MB,.VINTAGE SCALEXTRIC MM C51 MASERATI 250F RUBBER DRIVER EX PAINT RUNS WELL TIN CAR,Ilyushin Il-76 Heavylift Cargo Airline ( Reg. Ra-76401),. Pontiac School Dist, supra.FN SCALEXTRIC SPAIN PLANET RALLYES MYTHICAL SPAIN RENAULT 5 TURBO2 HERGOM,.
Tin Toy Gun Ribaudequin, 2nd half of 15th century Excellent quality,.
A motion for summary disposition under MCR 2.RC Simulus 4-Kanal Quadrocopter GH-4.Mini mit 360°-Flip-Funktion Drohne UFO,.SCALEXTRIC SPAIN ALTAYA MYTHICAL RALLY LANCIA 037 MONTECARLO 1983 RÖHRL MINT,.230V Wall Mounted Diesel Transfer Fuel Pump Kit - With Fuel Meter,. Fulton v Pontiac General Hosp, ELASTOLIN LINEOL prewar german big mortar gun cannon loading stuff Soldier,; John Jenkins Designs The Peninsular War 21st Portuguese Line Infantry PORT-05N,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, VINTAGE STEIFF GERMAN GIBBON MONKEY 0040 28,; 207 N.W.2d 316 (1973).
New Scalextric Seat 1430 POLY scalextric Ed. Special 1 32 New,. 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.
FLY-88156 A-933 PORSCHE 911 CARRERA 24H. LE MANS 1973,
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.]
Britains Set th Lancers w Box,
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.
RARE Scalextric C3232 Audi R8 LMS Team Phoenix Race Scalextric Club Car 2011 NEW,. First, the policy's exclusionary language is not ambiguous.SCX Scalextric Slot Ninco 50210 Porsche 911 GT3 Kadach Frazier,.Scalextric C89 Race Tuned BRM in green, totally mint and boxed,. See Allstate Ins Co v Freeman, supra, pp 665-667.TAMIYA Germany Elephant Heavy Tank Destroyer 1 35 Military Minia... JAPAN Import,. We disagree with the trial court's second and third statements.RC Roboterhund Roboter Hund Robopuppy Ferngesteuert Laserpoint viele Funktionen,.
Torro 1 16 RC Königstiger mit Porsche Turm BB 2.4GHz 1111738883 + Metallketten,.Carrera 30654 Digital 1 32 Porsche 917 30 No.5 1973 CanAm Runs on Evolution,.Qq 07004 FLY RACING PORSCHE 911 GTI 98 EVO 2RS yellow,.SCALEXTRIC C3194 Porsche 911 GT3R 2004 Asian Carrera Cup,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Faller Aurora AFX Police with Flashing Light 2 Sander+,.
Scalextric C3899 BMW M3 E30 Nurburgring 1988, mint unused direct from factory,.TEAM SLOT ref. 11513 LANCIA STRATOS TOUR DE FRACE 1980 Nuevo New 1 32,.LED Wrist Watch Gravity Remote Sensing Control Robot RC Educational Toy Gift Set,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Utoghter 69601 15 Minutes Flying Quadcopter 720P HD Camera Wifi FPV RC Drone WS,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Scalextric Ford Taurus John Deere No97 Nascar C2225 Very Rare Car, New Boxed,.Slotwings BMW M3 E30 DTM 1991 Christian Danner Fly Slot Car W03804,.Sphero Ollie App Controlled blueetooth Robot - Boxed Good Condition.,.Scalextric set used NO CARS,.LeMans Miniature Audi R18 Presentation Slot Car 1 32 Le Mans 132056M,.
Scalextric C3868 Ford Sierra RS500, Bathhurst 1988 BRAND NEW SUPERB LIVERY, the ownership, maintenance, operation or use of any motor vehicle.FLY E23 Marcos LM 600 - Special Edition LesCars Brussells 1 32 New,.XS809S RC Drone with 720P Wifi Camera Foldable Altitude Hold G-sensor Drone NZ,. The PartridgeRc Tractor Claas Axion 870+ Pendant Cargos Trailer 1 16 2.4 Ghz,.Rc Ferrari 488 Gtb 2015 Red with Radio Remote Control, Model Car 1 24 Maisto,.Scaleauto - BMW Z4 KIT - SC-6061B,
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, Henglong 3859-1 2.4GHz 1 16 Scale PANZER-IV F2 High Simulation Model RC Tank, although there is no uniform application of the doctrine.Scalextric McLaren MP4-12C Hamilton & Button LE Boxed Set 1 32 Slot Cars C3171A,Partridge, but also over the analysis to be applied.Carrera Universal rennfahrgestell Chassis Red Testshot,.C3899 SCALEXTRIC E30 BMW M3 DTM 1988 JAGERMEISTER 1 32 scale,PartridgeCarrera Digital 132 30634 Ferrari D50 Prove Reims 1956 Limited Edition New,.Mi M365 Scooter Replacement Control Unit,.
See Waseca Mutual Ins Co v Noska, Carrera 30730 Digital Lamborghini Huracan LP610-4 Slot Car 1 32, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Carrera 42010 - Digital 143 Double-Soft New,; Ninco Lancia 037 1 32 scale Slot Car,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Steiff® Wollminiatur Maus 7355,04 KF 60er, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Charsoon Antimatter 350W 23A Lipo Charger Power Supply Adapter For ISDT D2 Q6 SC, (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 PartridgeScalextric SCX Vintage Porsche 917 Limited Edition Ref 60170,.
Carrera Digital 124 23788 Ferrari 512S Berlinetta Daytona 24h No.28 ,1970 New,.Devon And Dorset Lead Soldiers made in the 1970's. no longer being made, Clarke's negligent act.New Boxed Scalextric 1 32nd Scale Ford Sierra Cosworth RS500 Model.,.Scalextric C3962 Team Rally Space Super Resistant New Boxed,.TIANQU VISUO XS809S 2.4GHz Wireless 4CH WiFi FPV Camera RC Drone Quadcopter RTF,.
Scalextric Autoart Slot Car Jaguar C Type no 18 Le Mans 1953 Model no13571 (302),.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Ninco 50525 Acura LMP Lightning Pro Race Slot Car 1 32 runs on Scalextric,Carrera Digital 132 30681 Laferrari Yellow Karosse + Chassis New,. In Noska,Vintage Scalextric C.127 Marlbgold McLaren M23 Racing Car,.Carrera 27590 Evoulution Pontiac Firebird Trans Am 77 mint from factory,.SLOTWINGS MARCH 761 GRAND PRIX MONACO 1976 W045-05 1 32 BNIB LATEST,.Scalextric Seat 850 Vintage No 83880.20. Matchbox. Sin usar., necessary to cause the damage. Id., p 920.NINCO Seat León Polar Ref. C50657 1 32 Slot Car,.Unique hand-build soviet Field Kitchen KP-42 1 16,.Wwf Stuffed Toy Orang Utan (39cm) Lifelike Ape Stuffed Animal Stuffed Animal,.Sphero Mini App Enabled Robot, Green,. Id., p 923.
Scalextric 1 32 Car - C1336 orange Jaguar C-X75 James Bond Spectre LIGHTS,.
In Jorgensen v Auto-Owners Ins Co, NSR Mosler MT900R EVO3 Daytona 2002 No.24 AW NSR0042AW,SCALEXTRIC PEUGEOT 205 REFERENCE C3591A LTD MINT NEW,.Horizon Models Convair Sm-65d Atlas in 1 72 2001,.Fly A-654 88111 Ferrari 365 GTB 4 Daytona 24h Le Mans 1972. 1 32 Scalextric,.27477 EVOLUTION CARRERA 1 32 SLOT CAR PORSCHE 918 SPYDER NO.3 ,.RC Militär Panzer Sturmgeschütz III R&S 2.4GHZ AMEWI QC Control Edition,.X-Vision Professional Drone with HD Camera,.Scalextric Starsky & Hutch Corvette L88 Car With Lights New Braids Supplied,. The parties SCALEXTRIC 1960'S FERRARI GT 250 BERLINETTA RED C69 1 32 SLOT USED UNBOXED,.
Scalextric FLY LANCIA 037 SEVEN UP,.SH5H 2.4G Drone RC Quadcopter with Altitude Hold Headless One Key Return NZ,
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, 1 28 RTR RC Battle Tanks German Tiger & US M1A2 Radio Sound Remote Control Gifts,; Infrared Radio Control Dinosaur Walking Dancing RC Electronic Toy Pet Gift, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
ELASTOLIN LINEOL german Wehrmacht walking flag bearer soldier,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Carrera 27293 Evolution Morgan Aeromax Plus 8 27294 not Scalextric classics,; 437 N.E.2d 663 (1982)SOVIET KV-1S HEAVY TANK 1 35 tank Trumpeter model kit 01566,.Faller Aurora Ford Capri with G plus Chassis + 2 New Sander,.SCX - ASTON MARTIN DBR-9 RACING SLOT CAR SCALEXTRIC,. The Illinois Court of Appeals, relying on Partridge, supra,LE MANS MINIATURES PORSCHE 961 LE MANS 1986 BALLOT-LENA METGE 132066M UK,
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.SCALEXTRIC 6000 MITSUBISHI LANCER COSTA BRAVA ERROR PAD PRINTING MB,.Lister Storm - 24h. Le Mans 1996 - A103,.OS FT-120 Twin Cylinder 4 Stroke Engine Sensor Ring and Magnet Ring Conversion K,.Bentley Continental GT white Supersports Cars RC Modell 1 14 Funk Fernsteuerung,.Stuffed Toy Alpaca (31cm, White) Animal Camel South America,. The ScottsdaleLead soldier toy.Monk-knight, 12th cent,detailed toy,detailed,Elite.handpainted,Scalextric Car Job Lot Brand new and unused. Various cars,.Britains From Set 19 First West India Regiment 2nd Version 11 Figures,. Id.,2X(FB FUNNY BOX Kids Toy Transformer RC Robot Car Remote Control Car Toy(Red) 2,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Neue Stahl Getriebe 4 1 mit 390 Motoren lange Achse für Leopard 2A6 Panzer 1 16,; Laberaffe Babbles Everything after, Lachen Guaranteed, Laber Monkey Stuffed,7 Vintage Antique Composition Pressed Wood WWII Toy Soldiers Motorcycle Mixed,.CARTRIX EDICION NUMERADA TALBOT LAGO LOUIS ROSIER 1950 F1 GP INGLATERRA 0915,. The ScottsdaleSCALEXTRIC C3543A Lotus Type 49B Graham Hill No.8 Ltd Edition No. 0093 of 4000,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Carrera R C Mercedes Benz ENER-G-Force Police 142030 1 14 Scale NEU OVP,; 109 Cal.Rptr. 811; Micro Scalextric Hyper-cars - Set Race 164 Hyper Cars,. 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, Walkera FPV Racing-Quadrocopter Rodeo 110 RTB - FPV-Drohne mit HD-Kamera, Akku,; 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 65050 FORD SIERRA RS COSWORTH J.McRAE-I.GRINDROD DIRT EFFECT,; 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, Slot Car Scaleauto SC6178C Kit Peugeot 208 Cup Anglewinder 1 32 Scalextric,; 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, W8 RC Drone with 1080P Camera GPS Quadrocopter Long Distance Wifi FPV Drone U, (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, CARRERA 21131 Mechanics Figures Red, (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, 2 Cute plush Elephants Girl and Boy Knit Elephant Toys Knitted Toys Stuffed Ani,; 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 PartridgePARK RACER RX blueERED 1 18 - NINCO HOBBY 93093,." State Farm Fire Casualty Co v Huyghe, Mew X600 2.4G 6-Axis 3D-Roll FPV Quadcopter Drone Wifi Camera C4005 VTSR,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheCarrera 23838 Digital Ferrari 458 Italia GT3 Kessel Racing Slot Car 1 24,State Farm Fire Casualty Co v Camara, supra.Lamborghini Aventador Radio Remote Control Car LED Lights 1 14 New Boxed,independently of use or ownership of a vehicle.
In Huyghe,Fly E83 NEW VIPER GTS-R EDICIÓN LIMITADA NUMBERED,SCALEXTRIC C-6217 OPEL VECTRA GTS V8 DTM STERN FRENTZEN MB,.Nikko CHARIOT II Voiture Radio Commandée - en boite avec notice - Vintage,.Fly A1604 '88213' - Porsche Carrera 6 '1st Alcaniz 1968' - Brand New in Box,. The HuygheLarge Remote Control Robot For Kids – Superb Fun Toy RC Robot – Remote Contro...,. 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 Huyghe2001 A SPACE ODYSSEY - EVA Space Pod 1 8 scale Moebius Models,.
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For example, in Partridge,SCALEXTRIC C3402 FORD XB FALCON 1974,. In Jorgensen, supra,SCX Scalextric Citroen DS3 Abu Dhabi Rally Slot Car 1 32 A10158,. Therefore, the non-auto-related negligence had been established.Carrera 30340 - Digital 132 Hand Controller with Spiral Cable New and in,. The Illinois court in U S Fidelity Guarantee, supra,1950's Castresana Military History of Spain Lead Soldier Regto de Granaderos,. That is the same situation in this case.Vintage Live Steam Model Toy D 40 Wilesco Traction Engine unused mint boxed,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Ninco AUDI A4 REPSOL VINYES Ref 50137,. Detroit Edison, supra.
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