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Vanguard Ins Co v. Clarke

181 Mich. App. 36 (Mich. Ct. App. 1989)
YG006 YG006 YG006 MONOGRAM 1 48 maquette avion 74010 F-100 Super Sabre rare boitage 627c9f
Vallejo Model Air - Sovietico Elicotteri Post War Acrilico Disegno Set,
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 Blesiya 1-9 Beads Hanging Frame for Kids Preschool Learning Funny Game Toys,.GSI Creos Mr. Linear Compressor L 5 Regulator Set with Pressure Gauge PS 313,.Ryefield-Model 1 35 5022 Sd.Kfz.173 Jagdpanther G2 w Full Interior,.Young - Norman Knight Hastings 1066 - YH1830,.

The essential facts are not in dispute.3 Wheel Push Scooter Winged Speeder Tri Wheel Drifter Kids Boys Girls,.ZF799 RS Model 1 72 maquette avion militaire 72013 Heinkel P1077 Julia II Resine,. At approximately midnight, Clarke drove home in his automobile.Eduard Photoetch 1 35 - Zimmerit Initial (takom) Du Roi Tigre,.Revell Technik 1 600 Star Trek U.S.S Enterprise NCC-1701 Kit - Lights & Sounds,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Live Steam Engine Model Dynamo Casting for Stuart DYN-1,.Tamiya 24107 Toyota Land Cruiser 80VX Limited 1 24,.Easy to Pop Up Mongolia Princess Tent Ball Pit w Cushion Rug Playhouse Toy, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.

Gundam Base Limited Premium Thin Edge NippersFor Materials Only] Plastic,.Trumpeter 1 35 Russian BTR-50PK APC,.Woodland Scenics Hot Wire Foam Cutter 240V (Australia NZ) [RoHS Compliant],.Model Air - Sets Metallic Effects Set New 8429551711814,.

60 - 120 90 Degree Nose Retract Unit - F-EFLG41190,.TRUMPETER 1 35 SOVIET T-64AV MODEL 1964,.7FT My First Trampoline & Enclosure Small Garden Outdoor Exercise Fun Activity,.Tamiya Ferrari Enzo 1 24 24270,.TAMIYA model kit 25112 - Open Box - Panzerkampfwagen 35(t) - 1 35 scale,.

Revell Reve00080 Space Marine Heavy Assault,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.USA (RANGER SPECIAL OPERATIONS VEHICLE) RSOV W MG 1 35 fav Trumpeter model kit,.Trumpeter 02894 1 48 De Havilland Hornet F.3,.VidaXL Ride-on Car with Push Bar Mercedes Benz GLE63 bluee Kids Riding Vehicle,Tetra Model 1 35 ME-35019 Leopard 1 A5 & C2 Detail Up Set for Takom,.Tamiya 1 35 Iraqi Tank T-55 Enigma ,.

VINTAGE AIRFIX MODEL No.1653 3 CAPTURED BRITISH CENTURION TANKS VN MIB,.3B Scientific U10061 Low Temperature Stirling Engine Kit, For the low Stirling,.Vintage Lot of 3 model kits Tempest LAGG3 Hawker Typhoon 1B F389 plane 1 72,.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.

Tamiya Air Brush System No.34 Painting Booth II (twin fan) 74534,.

12V Electric Kids Girl Ride On Car SUV ATV Remote Control MP3 Music 4 Speed Pink,. We agree in part.

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A motion for summary disposition pursuant to MCR 2.Adult Scooters Mini Push Stunt Kids Scooter Commuter Toddler Mobility Girls Boys,.Vintage 'Model Maker' Metalworking Fabrication Tool,.Tamiya 1 700 USS Indianapolis CA-35,." Hazel Park v Potter, 169 Mich. App. 714, 718; Special Hobby Spec48089 Heinkel He 51b-2 1 48,.Tamiya U.S. M4 SHERMAN Medium Tank 1 35 Scale Kit 35190,. Pontiac School Dist v Bloomfield Twp, Tamiya 61085 Bought F4U-1D Corsair w Moto-tug 1 48,; TAMIYA 24339 1 24 Toyoda AA,; 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. . . .

Tamiya 24300 Nissan Skyline GTR R35 1 Scale,.Eduard Photoetch 1 48 - Train D'atterrissage F6f (eduard) - (edp48585),TAMIYA 1 48 Bristol Beaufighter TF.Mk.X Model Kit NEW from Japan,. Pontiac School Dist, supra.DeAO Basic Sand and Water Table with Lid for Toddlers w Assorted Accessories,.

Boys Kids Girls Luxury Handmade bluee and Grey Extra Large Teepee Wigwam Den,.

A motion for summary disposition under MCR 2.Revell Model Kit 1 72 4369 MiG 1.44 MFI MIB, 2005,.SKR911 Skymarks Thai International (Thailand) A350 Model Airplane,.Razor E100 Electric Scooter - bluee,. Fulton v Pontiac General Hosp, Tarangus 1 48 SAAB A32A Lansen,; Spitfire Mk.I - Tamiya 1 48 Aircraft - 61119,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, TAMIYA 1 48 Supermarine Spitfire Mk.Vb Model Kit NEW from Japan,; 207 N.W.2d 316 (1973).

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Trumpeter 02242 1 32 US. Navy SBD-3 4 A-24A Dauntless,. 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.

YO043 HELLER 1 43 rare maquette camion 3504 Bobcat Camion benne Dumper mines TP,

COVERAGE E — PERSONAL LIABILITY

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

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This policy does not apply:

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

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

* * *

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

Wooden Sandpit Oak Woods 121cm x 124cm, 16cm high,. First, the policy's exclusionary language is not ambiguous.My Little Pony Kids Folding In Line Push Scooter Adjustable Height Outdoor Toy,.5X(Kids Tools Toy Set ABS Repair Tools Toy Preschool Educational Toys O8X5),. See Allstate Ins Co v Freeman, supra, pp 665-667.Trumpeter 1 35 09510 Russian T-72B3M MBT Military Model Kit,. We disagree with the trial court's second and third statements.Badger Air-Brush 13-60CS FreakFlex Complete Set,.

Trumpeter 1 35 Russian 9K35 Strela-10 SA-13 Gopher ,.A new firing system WITH water crystal ammo bullets,WITH hard plastic gunCASE,.Evolution Ignition System Complete 33GX - X-EVOG33300,.59Mm Mini Model Photo Woodworking Etch Bending Tool Blade Set,.

Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Knorrtoys 55101 knoortoys Play Tunnel Girls, Multi color,.

bluee Princess Castle Play Tent Kids Indoor Outdoor Hexagon House Xmas Gift,.REVELL VW Transporteur Type 2 T1 Split Window (1947–1967) - 07076 - 124 pièces,.RV07242 - Revell 1 24 - Shelby Mustang GT 350 H,.

The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, UGears- Tower Windmill - 3DWooden Puzzles Mechanical Models Propelled Model,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.ZF482 Revell 1 72 maquette avion 4126 Messerschmitt Me 410 A-2 U-4 Hornisse,.Mantua Models Sovereign of the Seas Model Ship Kit FREE NEXT DAY Delivery,.Mastercraft Collection SH-60 Bravo Model Scale 1 64,.Kids 3 wheel slider drifter scooter 3 wheel steering scooter size large 8yrs +,.Kids Developmental Folding Pop Up Playhouse Indoor Outdoor Play Tent Toy,.

Tamiya 1 35 Japan Type 1 Self-Propelled Gun w 6 Figures, the ownership, maintenance, operation or use of any motor vehicle.NEW KIDS TRAMPOLINE & ENCLOSURE 8FT EXTENDED POLES FOR EXTRA SAFETY,.Vallejo Paints 70098 Empty Plastic Storage Case,. The PartridgeTamiya 1 6 Honda CRF1000L African Twin Model Kit,.Tamiya 32592 U.S. Main Battle Tank M1A2 Abrams,.Jumpking 10ft Trampoline Safety Net with Poles, Foam Predectors & Fixtures,

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, Takom 1 35 2072 US Medium Tank M47 E M, although there is no uniform application of the doctrine.KIDS NEW 12V MOTORCYCLE QUAD BIKE RIDE ON MOTORBIKE 12V BATTERY CAR BIKE,Partridge, but also over the analysis to be applied.SOL RESIN FACTORY,1 16 U.S. MARINE 2 (VIETNAM), cat.no. MM159,120mm,.SPARE TRAMPOLINE NETTING FOR ROUND TRAMPOLINE 5 SIZES ,PartridgeBeleduc Martello - Hammer And Nail Game,.Large Pink Cotton Canvas Kids Teepee Tent Wigwam Indoor Outdoor Play House,.

See Waseca Mutual Ins Co v Noska, Square Enix Final Fantasy Creatures - Bring Arts Bahamut Action Figure, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, TRUMPETER 1 35 FAUN SLT-56 TANK TRANSPORTER,; PARAGRAFIX PGX205 1 32 Predeus Submarine Photo-Etch Set for MOEBIUS FREE SHIP,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Trumpeter 1 35 Russian 30N6E Flaplid Radar System, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Toyota 2000GT Early Type ( 1967 ) 1 24 ( Hasegawa ), (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 PartridgeZF287 Hobbycraft 1 48 maquette avion HC1511 US navy gull wing F4U-4 corsair,.

Kids 2019 Licensed Mercedes Benz AMG GT4 Ride on Car 12V Battery Remote,.SOL RESIN FACTORY, MM252 , U.S.ARMY Female Tank Loader , SCALE 1 16, Clarke's negligent act.DINO Bikes Fireman Sam 10 Bicycle Removable Stabilisers 10 Wheels Kids Bike,.Tamiya Ferrari 360 Spider 1 24 24238,.YS008 HELLER 1 24 rare maquette voiture 727 Citroen B.14 Torpedo de luxe 1983,.

TAMIYA 37006 WWII GERMAN ARADO AR 196A 1 48 SCALE KIT,.

The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Woody Joe 1 24 sailboat Hatcho oar wooden model Free shipping RARE Figurne wood,Zvezda 1 35 Pz.Kpfw.VI Tiger II Ausf B (Porsche Turret) German Heavy Tank,. In Noska,Trumpeter 1 35 01593 Russian BTR-70 APC in Afghanistan,.Tamiya 60320 Supermarine Spitfire Mk.VIII 1 32,.Unique four stroke petrol engine aluminium brass original high quality running,.Mini Micro Scooter Deluxe Green, necessary to cause the damage. Id., p 920.TRU09507 - Trumpeter 1 35 - Russian T-72B2 Main Battle Tank,.Brand new plum giant octagonal wooden sandpit,.Wingnut Wings 1 32 Albatros D.Va,.Rpm 1 35 Beobachtungswagen Sd.kfz.135,. Id., p 923.

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In Jorgensen v Auto-Owners Ins Co, Peppa Pig First Tri Scooter Tilt 'N' Turn Scooter -,Young Miniatures RAF Spitfire Pilot 1940 WW2 1 10th YM1868 Unpainted kit,.Kubota 2-Wheel Dumper Trailer - FA787K,.Testors AZTEK Compressor AC500 No 50205 BRAND NEW On Sale,.TRU01563 - Trumpeter 1 35 - B1 Centauro AFV Early (1st Series) ROMOR,.Tamiya German Tiger I Mid Production 1 35 Scale Kit,.TRU05786 - Trumpeter 1 700 - USS Detroit AOE-4 Support Ship,.Lamborghini Aventador 12V Kids Electric Ride On Car Leather Seat Soft Eva Tyres,. The parties Star Trek Enterprise NCC-1701-D And Other Model Leftover Parts. Good Condition,.

Kids Quad Bike ATV 6V Ride On VGC ,.Edu36364 1 35 Eduard Pe - Sd.kfz.166 Brummbar Schurzen (à Utiliser Avec Le -,

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, Lamborghini Urus Ride on Car 12V Electric Licensed Kids Toys Remote Control,; Revell Monogram 1 48 Dornier 217E-5 model kit, (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, Takom 2090 1 35 R.O.C. Army MBT CM-11 (M-48H) Brave Tiger,; 437 N.E.2d 663 (1982)Tamiya 300074123 - Diagonal Cutter, Fine Pointed Plastic,.TRUMPETER 1 35 SOVIET B-4 M1931 203mm HOWITZER,.Tamiya 61079 - 1 48 Fairey Swordfish Mk I CLEAR EDITION ,. The Illinois Court of Appeals, relying on Partridge, supra,Hasbro Nerf Super Soaker Soakzooka Water Toy,

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.Hasegawa mat Bihaikuru w MAT woman personnel 1 24 scale plastic model SP376,.Vintage Tamiya 20053 Tyrell P34 Monaco GP 1977 1 20 Model Kit,.Scalextric Arc One Super Gt Slot Car Racing set SXC1360 New ,.Zinc Volt Sport Electric Scooter - bluee & White,.Trumpeter 1 72 BAC Lightning F.6 F.2A,. The ScottsdalePrince August no.12005 Battle of Waterloo British Footguards 1814 Casting Kit,Takom 1 35 U.S. Heavy Tank T29E3,.Aedesars Stonehenge Ceramic & Mozaic Model Kit 1 135 AED1268,. Id.,Chelsea F.C - Inline Folding Scooter - GIFT BIRTHDAY,.

The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, TAMIYA 35328 Israeli Tank Tiran 5 1 35 Military Model Kit,; SKR8243 Skymarks Alaska 737-800 1 100 Spirit Of The Islands Model Airplane,Trumpeter 1 35 - German Neubaufahrzeug Nr.3-5,.Zinc Volt XT Electric Scooter - Green,. The ScottsdaleBarafundle Personalised Story CD Gracie in Nursery Rhyme Land,Partridge but its application as well:

In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Sandtastik Ter25Lbbrntocher Sandtastik Course Floral-Terrarium Sand - Burnt O...,; 109 Cal.Rptr. 811; Trumpeter 02236 model Kit Messerschmitt Me 262 a 2 a - Tru02236 132,. 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, REVELL RV04758 - 1 32 - De Havilland Mosquito Mk IV,; 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, Tamiya 35221 British Cruiser Tank Mk.VIII A27M Cromwell Mk.IV 1 35 Model NIB,; 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, Kids OZBOZZ SV13942 Light Burst Scooter Pink & Yellow Outdoor,; 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, Wood Sum Retro Smart Phone TV Magnifier Self Assembly Kit Korean DIY Maple Hobby, (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, Young - French Foreignlegion WWI - YM1863, (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, Tamiya 1 35 Jagdpanzer 38(t) Hetzer Mittlere Produktion Hetzer Mid Product 35285,; 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 PartridgeKids Range Rover Sport HSE Supercharge Style Electric Ride on Car Jeep 12V,." State Farm Fire Casualty Co v Huyghe, Takom 1 35 2086 British Medium Tank M3 Grant,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuygheAUTO PILEN Mod.317 - SEAT 850 (RED) YEAR 1974 - SCALE 1 43 - MC42651,State Farm Fire Casualty Co v Camara, supra.Tamiya 1 24 Honda NSX 90s Sports Car Great Condition Rare,independently of use or ownership of a vehicle.

In Huyghe,YG040 MONOGRAM 1 48 maquette helicoptere 5819 MIL Mi-24 Hind Gunship,Tamiya NDF01 Rein. Drive Flange Shaft,.Tamiya 58624 Mazda MX-5 M05 RC Car Kit,.Tamiya Military Model 1 35 U.S. Main Battle Tank M1A2 SEP ABRAMS TUSK II 35326,. The HuygheTrumpeter 00920 1 16 German Pz.Kpfw.IV Ausf H Medium Tank,. 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 HuygheSpecial Hobby Spec48084 Fairey Albacore Mk.Ii 1 48,.

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For example, in Partridge,Trumpeter 1 700 Italian Navy Battleship RN Roma 1943,,. In Jorgensen, supra, Rebekah's Collection Wooden Doll Crib for 18 Dolls, Natural Harvest,. Therefore, the non-auto-related negligence had been established.SKR960 Skymarks Jetbluee E190 1 100 blueeprint Model Airplane,. The Illinois court in U S Fidelity Guarantee, supra,Valom 1 72 Handley-Page Sparrow,. That is the same situation in this case.Roden 438 Gloster Gladiator Mk II Metegoldlogical 1 48 Scale Kit,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.Tamiya Japenese Navy Submarine I-400 Item No 78019,. Detroit Edison, supra.

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