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 CASIO LCD Game Auto Race CG-105 Made in Japan Great Condition Free Shipping ,.Collectible Figurine Pixi Bécassine with a French Baguette 6445 (2012),.Silent night hippos big and small set soft toy retro original hippos,.BRITAINS SOLDIERS 23054 - 1916-18 German 210 mm Howitzer and 5 Man Crew WW1 SALE,.
The essential facts are not in dispute.Kaycee Bears Dante Limited Edition Jointed Cat,.Steiff 069383 Bear, Brown Tipped, 28 cm,. At approximately midnight, Clarke drove home in his automobile.BRITAINS 62003 TITANIC COLLECTION SHIPS LIFEBOAT CIVILIAN FIGURE BOAT NO.6,.6' MARVEL UNIVERSE IRON MAN MARK 43 1 12TH COLLECTIBLE ACTION FIGURES CRAZY TOYS,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.Orso gigante brown di peluche 180 cm REGALO NATALE 2017 SPECIALE OFFERTA,.Squishy Squooshems SQUISHMALLOW 20 FIFI The Fox Large Jumbo Giant Plush Toy,.New Tiger Electronics Quiz Wiz Game w Extra Quiz Books & Cartridges 8+ 1993 NIP, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
BRITAINS SOLDIERS 48540 - Grenadier Guards Drum & Bugle Gift Set - 4 Piece Set,.Trudi Panda Kevin Plush 34 cm,.Britains WWII 17657 GERMAN17th Waffen SS PANZERFAUST Team MIB,.16 Pink Elephant Travel Buddies - CASE OF 12,.
BRITAINS 8829 SECOND CEREMONIAL LIFEGUARDS MOUNTED METAL TOY SOLDIER FIGURE SET,.Peluche Orso Gigante 200cm Teddy Bear Orsetto Grande XXL Regalo San Valentino,.Marvel Legends Legendary Riders Series Wonderman 6 Inch Action Figure Variant,.BRITAINS NO 990,VULTURE,1952 AND N0 991 KING COBRA,BULRUSHS, ZOO,WILDLIFE LEAD,.SPIDER-MAN- Classic Spider-Man Marvel Select Action Figure Diamond,.
Real Stuffed African elephant Sleeping COLORATA Plush animal,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.BRITAINS 27037 YORKS AND LANCS REGIMENT CHARGING METAL TOY SOLDIER FIGURE 2,.SCARY RAGDOLL HAND PAINTED blueE EYES BLONDE HAIR GINGHAM DRESS OAK BIG JUMBO 25 ,.BRITAINS 17286 AMERICAN REVOLUTION 1770 GERMAN HESSIANS MINT BOXED my,BRITAINS 40115 SCOTS GUARDS OFFICER & GUARDSMEN - TROOPING THE COLOUR 8 PIECES,.Britain's Ashraf Irregular with Slave on Camel,.
BRITAIN'S WW2 17144 GERMAN WEHRMACHT ASSAULT SET BOXED 54MM,.DC Comics Retro Kresge Style Action Figures Series 4 FA Robin by FTC,.Wonder Woman DC multiverse set of 4 wave 1 figs sealed with all ARES baf parts.,.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.
Jellycat Special Limited Edition Bashful Genevieve Bunny Rabbit Soft Toy Comfort,.
Marvel IRON MAN 2 Mark II AF IM2 6,. We agree in part.
Pink Furby - Hard To Find color -Get Yours Now -Ships Fast Brand New Cute,.BRITAINS 8951 BRITISH ARMY 38TH CENTRAL INDIA HORSE METAL TOY SOLDIER FIGURE SET,.
A motion for summary disposition pursuant to MCR 2.Harrods of London Rare 1995 Christmas Teddy Bear With Harrods Jumper (Tagged),.Brio Theodore Tugboat Chester The Container Ship 32718,.BRITAINS 36085 DEATH OF BRITISH MAJOR PONSONBY + FRENCH 3RD LANCER MOUNTED SET,." Hazel Park v Potter, 169 Mich. App. 714, 718; Collectible Figure Pixi Astérix Obélix holding a menhir 6520 (2012),.VINTAGE 1983 GUND KARITAS 2124 BROWN TENDER TEDDY BEAR STUFFED ANIMAL PLUSH TOY,. Pontiac School Dist v Bloomfield Twp, Kuscheltiere.biz Squirrel ZIRBEL 24 cm Plush toy,; (5) 8 KellyToy SQUISHMALLOW Valentines Lot All New w Tags UltraSoft,; 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. . . .
Marvel Select Classic Green Goblin Action Figure DEC031975,.Histoire D'ours Z'Animoos Marius Lop Eared Rabbit,KENNER BATMAN ANIMATED SERIES NINJA ROBIN ACTION FIGURE NEW UNOPENED 1993,. Pontiac School Dist, supra.Mezco toys 6 Deadpool Anime Doll Marvel Super Hero bluee Ver Figure X-men Model,.
Cuddle Toys 1715 Corkie Australian Shepherd,.
A motion for summary disposition under MCR 2.DC Direct-The Spectre vf nm on card,.ACTION FIGURE BATMAN PUPAZZO TOY 36 CM TM & DC COMICS MOVIE FILM,.Trudi 23911 19 cm Hamster Squit Soft Toy,. Fulton v Pontiac General Hosp, Cuddle Toys 280 48 cm Long Sebastian Himalayan Cat Plush Toy,; RARE Todd Toys Spawn Vs purpletor FAO black Limited Edition Exclusive SET,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, JB71 Britains 43018 British Fifer 1st Foot Guards 1754-1763 - MIB,; 207 N.W.2d 316 (1973).
Jellycat Special Edition Bashful Flossie Bunny Soft Collectable Toy,. 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.
The Walking Dead Injured Daryl Pop Vinyl,
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 UNION CAVALREY BOXED SET NMIB,
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.
Jumbo Plush Animal, Large 49 Monkey Stuffed Animal, Brown with Beige Tummy,. First, the policy's exclusionary language is not ambiguous.DC DIRECT COLLECTIBLES LEGION OF SUPER HEROES LOSH SERIES FERRO LAD FIGURE,.Marvel movie collection Destroyer Special Edition,. See Allstate Ins Co v Freeman, supra, pp 665-667.Müller-licht A + +, set of 3 retro glass LED mini globe lamps, E27, 9.5 x 9.5 x,. We disagree with the trial court's second and third statements.BRITAINS SOLDIERS 27019 Hadendoa Charging with Sword,.
New York Times Syndicate Excalibur Sudoku Deluxe Touch Screen Game Illuminated,.Hansa Longhorn, Long Horn 7550 Plush Soft Toy Sold by Lincrafts Established 1993,.GUND Ziva Owl Plush Toy,.Britains Zoo Animals [ Plastic ] Wild Boar No 1360 ,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Heunec 729476 Colourful Butterfly Swing,.
2019 Giant bluee Whale Shark Plush Big Stuffed Soft Animal Doll Accompany Gift uk,.Batman Dark Knight Movie GOTHAM CITY THUG & JOKER Crime Evidence LOT OF 2,.Britains Swoppet ACW Confederate Cavalry Officer Very Good Condition,.
The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, DC UNIVERSE INFINITE HEROES 75 YEARS 3.75 EARTH 2 ROBIN FIGURE,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Aurora World 32841 Fancy Pal Peek-a-Boo Pug Toy,.Durable Quality Realistic Cuddlekins Wolf 29.9-Inch x 9.8-Inch x 9.8-Inch,.MARVEL LEGENDS SERIES 2 HUMAN TORCH W gold FOIL COMIC VARIANT TOY BIZ 2002,.BRIO World Fire & Rescue - Central Station,.VidaXL Standing Plush Toy Giraffe Brown and Yellow XXL Riding Stuffed Animal ,.
Five Nights at Freddy's 10 golden Fazbear Plush-FNF 10 Fazbear Plush-Brand New, the ownership, maintenance, operation or use of any motor vehicle.TRU EXCLUSIVE BATMAN BEGINS GOTHAM CITY GLIDER FIGURE,.Marvel Universe Infinite Legends Figure 3.75 Darkhawk .G,. The PartridgeGreen iguana LANZELOT Bearded dragon 29 cm Lizard Plush toy by Kuscheltiere.biz,.THE PEANUTS SCULPTURE - More alimentaire please- Enesco JIM SHORE Figurine,.28'' Giant Big Soft Pink Pig Plush Toy Stuffed Animal Pillow Doll Gift Funny Toy,
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, IMC Club Petz NEW blue The Baby Dolphin, bluee, although there is no uniform application of the doctrine.BRIO Smart Tech Lift and Load Crane 33827 for Wooden Railway Set,Partridge, but also over the analysis to be applied.DC Direct Batman Rogues Gallery, Secret Files The Penguin 2005 Action Figure,.Melissa & Doug Giant Giraffe - Lifelike Gift Stuffed Animal (over 1 meter tall),PartridgeTiger white lying, 24.5 inches, 62cm, Plush Toy, Soft Toy,.Lcd game PLAYTIME Light games Lcd color projection system game watch 1988,.
See Waseca Mutual Ins Co v Noska, New BRIO Cargo Harbor Set 33061, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, BRITAINS 20003 ZULU WAR ZULU uTHULWANA REG THROWING SPEAR MIB,; Antique Early Steiff German Spitz Dog Excelsior Old Mohair White 6.25 Toy,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, 63'' Giant Red Teddy Bear Stuffed Plush Soft Toy Animal Pillow Kid Birthday Gift, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Ted 2 Ted in Scuba Outfit 24-Inch R-Rated Talking Plush, (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 PartridgeBritains Soldiers Kings Own Scottish Borderers - Piper - A+ A+,.
Marvel Avengers Legends Series 6-Inch Serpent Society Figure Brand New Seller,.BRITAINS LEAD PRE-WAR FARM or GARDEN FOLDING TABLE Hard to Find... , Clarke's negligent act.Vintage Gund Bear Classic 1982 Tuxedo 17 Rare (SR68),.VERY NICE VINTAGE TIN LITHO J. CHEIN WIND UP CLANCY CLOWN WORKS,.3 Marvel Comics X-MEN Action Figures Toy Biz 1993 1995 Cyclopes LongShot Iceman,.
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The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, Lubby Cubbies - 3.5 Penny Panda - CASE OF 36,BRIO 33052 Deluxe Railway Set - Wooden Train Set,. In Noska,Giant Soft 140cm huge Elephants Stuffed Plush Animal Toy 2-1,.VINTAGE RARE HERMANN ORIGINAL MOHAIR 40 CM COLLECTABLE GROWLER TEDDY BEAR -NEW,.William Britains U.S. 101st Airborne Infantry Advancing Figure Number 25043 NEW,.Mezco One 12 POPEYE DELUXE SAILOR – HEAD PORTRAIT TEETH SHOWING Body Part Only, necessary to cause the damage. Id., p 920.BIG NEW BROWN TAN ORIGINAL AMELA DESIGN KING BEAST LION POTBELLY BEANBAG PLUSH,.Five Nights at Freddy's 10 Bonnie Purple Rabbit Plush-FNF 10 Bonnie Plush-New ,.DC Classics HARLEY QUINN Loose Figure Grodd BAF Wave 2 Batman Suicide Squad,.DC Justice League Movie action figures FLASH Wonder Woman BATMAN Cyborg MATTEL,. Id., p 923.
Radica Games Big Screen Slot Game Electronic Handheld New Sealed 2004,.
In Jorgensen v Auto-Owners Ins Co, Britains Super-Deetail 5 Green Beret Army Soldiers - England 1978 Rare,Alaskan Husky Puppy Companion Pet Realistic Breathing Lifelike Soft Cuddly Dog,.Britains 51016 WWI British Trench Section No.3 Regimental Aid Post,.Marvel legends spiderman 2099 6 inch figure migaul o hara (N),.6 AQUAMAN & ORM Gladiator Battle DC Multiverse Figures,.STERNTALER Music Box Stanley 14 Cm Soft Toy NEW Natural brown,.Marvel Legends 2014 SDCC Exclusive From Thanos Imperative Loose Star-Lord New,.Brio Wooden Trains Railway Rail and Road Loading Set 32 Pieces 33210 Age 3+ New,. The parties BMC, Boy Scout Figure (my Ref Grey 292) Missing Moveable Arm,.
BRIO World - Train Garage,.Britains 25056 German Volksgrenadier Kneeling Firing MP-40 in Parka,
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, PYRAMIX Electronic Word Puzzle Game TIGER Handheld NEW,; Britains 8828 The 6th (Caribiniers) Dragoon Guards, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
The Gingham Dog & Calico Cat Tricolor Kitty Plush w Bow 1990 A Season of Harmony,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, 2018 MARVEL LEGENDS VENOM WAVE - SCREAM 6 ACTION FIGURE,; 437 N.E.2d 663 (1982)Peluche Spider-Man Originale Marvel 50 cm Novità 2016 età 0+ men Ragno ENORME,.Soft Giant Plush Jumbo Large bluee Unicorn Toy Stuffed Animal Doll 33.5 85 cm,.Charlie Bears Jointed Dog MUD MAGNET Soft Toy Plush Collectible 28cm,. The Illinois Court of Appeals, relying on Partridge, supra,Britains 41139 Sir Percivale, Sir Tristan, Sir Mordred with Thrones 1 32 Scale,
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.The Puppet Company - Cuddly Tumms - Husky Hand Puppet,.2007 MATTEL DC UNIVERSE CLASSICS WAVE 2 FIGURE 4 SUPERMAN (RED) 6 FIGURE MOC,.EMPLATE & DOA X-MEN GENERATION X TOY BIZ 1995,.BRITAINS 40370 FLOWER FAIRIES LAVENDER FAIRY METAL CIVILIAN CHARACTER FIGURE,.MIB 2015 DC SUPER HERO GIRLS BATGIRL DOLL,. The ScottsdaleMARVEL UNIVERSE COLLECTION PANINI - THANOS - Num Hors Série 1.,BRITAINS 17531 ACW. REGIMENTS -- CONFEDERATE ARTILLERY MEN.,.Trudi 36 cm Rabbit Cremino Plush Toy (Light bluee Turquoise),. Id.,Manhattan Toy Wimmer-Ferguson Infant Stim-Mobile for Cribs .,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, VENOM Marvel Action Figures Model Superhero Spiderman Collection Toys Gifts,; Kuscheltiere.biz Dimetrodon DAIDOON Dinosaur 35 cm Pelycosaur Plush toy,Vintage Russian Soviet USSR ELEKTRONIKA Game Watch space flight-RARE,.DC UNIVERSE Signature Collection_BATZARRO 6 inch Exclusive action figure_New_MIB,. The ScottsdaleNEW - Algeria Flag Teddy Bear - Cute and Cuddly - Algerian Fan Gift Present Algé,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, orange Toys 7648 Max the redtweiler 20, Multi-Colours,; 109 Cal.Rptr. 811; Britains 8818, Sherwood Foresters, Officer & Standard Bearer Box Set in 54MM,. The Gonzalez court reasoned that in Partridge, "an accident covered by an automobile policy may nevertheless be covered by a homeowner's policy if concurrent causes of the injury arise from conduct insured by both." Gonzalez v St. Paul Mercury Ins Co, Britains Indians no 7547 Boxed And In Excellent Condition,; 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, THE SECRET LIFE OF TUS PETS 6 PLUSH TOYS-THE SECRET LIFE OF PETS PLUSH DOLLS,; 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, Eaglemoss Marvel Movie Collection Iron Man Subscriber Only Edition 2 - Mark 17,; 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, BRITAINS 31036 A.C.W. PRESIDENT ABRAHAM LINCOLN., (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, National Geographics MOUNTAIN LION Stuffed Animals Plush Toy (Medium, Natural), (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, Batman Imaginext Batcave, Batmobile and Figures bundle in excellent condition,; 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 PartridgeEpoch LCD Game Game Watch Computer Pinball Retro Rare Game Made in Japan,." State Farm Fire Casualty Co v Huyghe, Britains 27023 Fuzzy Wuzzy Falling Wounded No 1 1 30 Scale,; 375 N.W.2d 442 (1985). Implicitly, this Court in HuyghePOP Marvel - Thor Ragnarok Valkyrie (Heroic) 2018 Summer Convention Exc,State Farm Fire Casualty Co v Camara, supra.BRITAINS 40309 COLLECTORS CLUB GORDON HIGHLANDERS ESCORT METAL TOY SOLDIER SET,independently of use or ownership of a vehicle.
In Huyghe,6 pcs Marvel Iron Man Action Figure Toy Doll Boxed Gift Collection Decoration,Thanos Infinity War Marvel Select Collector Figure Set,.Aurora Welt 15654 19-zoll pixie Unicorno Plüschtier - Unicorno Tokidoki Pixie,.Marvel universe green goblin hasbro,. The HuygheBRIO Smart Tech - Engine with Action Tunnels 33834 for Wooden Train Set,. 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 HuygheBRITAINS 31148 UNION 3 ORDINANCE RIFLE CANNON GUN + CREW ARTILLERY FIGURE SET 4,.
9 BRITAINS PLASTIC 7th CAVALRY SOLDIERS MADE IN HONG KONG,.NORTH AMERICAN BEAR CO COLLIE PARTON 20 VINTAGE DOLLY PLUSH DOLL VOP VIB OPRY,.
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Next, it is important to clarify that PartridgeUsed Classic Teddy Bear Apricot Out of print type Steiff Stuffed toy From Japan,.SPAWN SERIES i.64 FIGURE AND ACCESSORIES NEW AND SEALED FREE P&P,.
For example, in Partridge,Diamond Select Ghostbusters Taxi Driver Zombie,. In Jorgensen, supra,NEW Reaction Sports Senario Games Shooter Basketball Game Handheld Force 724,. Therefore, the non-auto-related negligence had been established.Trudi Panther Iris Plush 28 cm,. The Illinois court in U S Fidelity Guarantee, supra,Marvel Legends Galactus Series Bullseye Variant Action Figure Toy Biz,. That is the same situation in this case.Marvel Avengers infinity war Iron Spider Inflate-a-hero Standing Plush 30 inch,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.BRITAINS SOLDIERS CIVIL WAR 31194 - Gettysburg Second Day Commemorative Set,. Detroit Edison, supra.
Sigikid Sigikid38849 Little Friend bluee, Green Soft Toy-25 x 11 x 6 cms, Mult...,.90CM Simulation Lion Plush Soft Stuffed Toy Big Lying Animal Doll Birthday Gifts,.NEW - THEO - Cute and Cuddly Teddy Bear - Gift Present Xmas Birthday,.
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