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 MERIT INTERNATIONAL MER61601 GERMAN 105mm K18 CANNON, 1 16 KIT,.Systema Soccer Vintage Electronic Game.,.BESTWAY LARGE DELUXE RECTANGULAR INFLATABLE FAMILY SWIMMING PADDLING POOL FUN,.HMT MAURETANIA 1 1250 diecast model ship ATLAS,.
The essential facts are not in dispute.Ultimate SUDOKU - CAROL VORDERMAN - RARE Electronic Game - NEW,.T55 A (M) - scala 1 35 Verlinden Productions,. At approximately midnight, Clarke drove home in his automobile.Toys HAPPYLAND Many Sets HUGE BOX Collection Only POOLE BH17 9 Offers Considered,.GRAHAM HILL 1 18 BEMALTE FIGUR VON VROOM FUR LOTUS F1 MATRA 670,. Clarke then apparently fell asleep. Carbon monoxide soon filled the now closed garage, killing Clarke.MENG TS-015 1 35 German Mine Battle Tank Leopard 1 A5,.1 35 Dragon 6759 T-34 85,.EPOCH LCD GAME Excite Grand Prix, Brian Clarke. Brian was found in the hallway outside one of the bedrooms.
WWII 1 35 Resina 4 LOTES value gear estiba DIORAMA tanque carro camion,.Vk.45.02(P)H Eastern Front 1945 Dragon 1 72 D60686,.The New York Times Excalibur Electronic Hand-held Chess Game Model 974 Tested,.Giulia Show Girl Figura per 1 18 Toyota 2000GT AUTOart,.
Tamiya 35296 - Carro Armato M13 40 scala 1 35,.Large Lot of New in Box Match Box Toy Cars 44 Total,.Dinky Leopard Recovery Tank with Blister Box and card base No.699,.Russian Ural-375D Trumpeter Kit 1 35 TR01027 Model,.Lights Out Cube Electronic Game By Tiger Electronics WORKING R10616,.
For H0 Slotcar Racing Model Railway - the Riddler with 4 Gear Chassis Boxed,. She filed a wrongful death action pursuant to MCL 600.2922; MSA 27A.2006 Coleco Sega Handheld Electronic Games Sonic 20 in 1,.Furby Boom blue pink Interactif Hasbro bluee Pink + Boite + Peluche Bébé,.Italeri 2721. Model hunting Nesher Dagger. Scale 1 48,(4) New Hot Wheels Mattel 1998 Popular Hot Rodding Magazine Car Sets 24060 4sets,.Soviet Js-2M Heavy Tank Early Kit TRUMPETER 1 35 TR05589 Model,.
30x ALBEDO Ersatzteil Ladegut LKW UT Chassis Boden MB Sattelkoffer 1 87 - 0691,.30x ALBEDO Ersatzteil Ladegut Zubehör Ansaugstutzen Scania black H0 1 87- 0097,.Dingo 2 GE A3.3 PatSi scala 1 35 Revell 03242 Blindato Tedesco,.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.
Gakken LCD Computer Game LSI Poker Made in Japan NEW UNUSED Free Shipping ,.
30x ALBEDO Ersatzteil Ladegut Zubehör für Scania hellgrey 1 87 - 1036,. We agree in part.
VINTAGE 1970’s COMPUTAMATIC, FOOTBALL & BASKETBALL, TABLE-TOP COMPUTER GAME 1005,.ANIME MODEL RESIN KIT 1 6 - MARINE A GO GO - SOREYUKE MARIN CHAN PLUG SUIT NUOVO,.
A motion for summary disposition pursuant to MCR 2.Minichamps DP 1 12 Kawasaki 900 Z1 Super 4 1973 finished product F S japan,.pink Cottage Dolls House with Furniture,.KrAZ 214 Pritsche Plane NVA Militär olivgreen, Modellauto 1 43 Premium ClassiXX,." Hazel Park v Potter, 169 Mich. App. 714, 718; ALBEDO Ersatzteil Ladegut Fahrerhaus DB NG Lkw in green H0 1 87 - 0063,.Italeri IT6557 PZ.KPFW.VI AUSF.E TIGER EARLY PROD.KIT 1 35 Modellino,. Pontiac School Dist v Bloomfield Twp, Agostini JSDF45 1 72 JGSDF Type 75 Self-Propelled 155mm Howitzer,; AFX 21029 Mega G+ Rolling Chassis - Short,; 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. . . .
Wand Kran Kettenzug Metall Werkstatt Garage Diorama Deko Zubehör 1 18 1 24 LGB,.1960s Lesney Matchbox 53 Mercedes Benz Coupe.SPW.maroon,Mint in box,ORIGINAL,SOLIDO MINIATURE MILITAIRE CHAR M10 DESTROYER N°108 BOITE + DECALCOMANIE 51 ,. Pontiac School Dist, supra.Hasbro Electronic Battleship Advanced Mission Game with Voice Commands,.
LOUANE 1 18 PAINTED SEXY GIRL FIGURE BY VROOM FOR JAGUAR PARAGON,.
A motion for summary disposition under MCR 2.BONANZA COMBO AUTO WORLD 7 SETS SRS317,281,296,323,297,324,320,.FIGURINE EredIQUE 1 18 CHRISTINE VROOM A PEINDRE UNPAINTED MASCOT,.ISU-122S Tank Hunter Heavy Assault Gun Soviet Army 1944 Hobby Master HG7020,. Fulton v Pontiac General Hosp, Figurine Standing Rossi 2006 1 12 Minichamps 312060246 Model,; Hot Wheels Car Case Model 20375 with 52 Toy Cars,. This Court is liberal in finding a genuine issue of material fact. Rizzo v Kretschmer, Lcd game Ludotronic Dragon castel game watch,; 207 N.W.2d 316 (1973).
Camion Cingolato German Sd.Kfz.6 Halbkettenz.Pionier.Kit 1 35 Trumpeter Tr05530,. 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.
Circle K Sunks Limited KYOSHO Alfa Romeo Mini Car Collection 2 (18) Complete Set,
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.]
SPECIAL 1 35 Takom 2007 Japanese SUV + Trumpeter 00420 PMC Iraq VIP Security,
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.
Vintage Micro Mini Army Soldiers and Military Vehicles 3 4” 19mm,. First, the policy's exclusionary language is not ambiguous.CEN17003 - Bateau Pneumatique avec 2 pagaies, 4 Mines, 1 Casque et 1 Veste Camou,.TRUMPETER TP1581 CARRO SOVIET T-64B KIT 1 35,. See Allstate Ins Co v Freeman, supra, pp 665-667.DRAGON D6824 PZ.KPFW.IV MIT PANTHER F TURRET KIT 1 35,. We disagree with the trial court's second and third statements.K.O. Boxing GAKKEN VINTAGE LSI Game 80's game,.
Holz-Vitrine Maxi 62 X 42 X 10cm Caoba Safe,.Lot of 32 Hot Wheels '70-71 Plymouth Cuda Barracuda No Dupes Garage AAR,.XM2001 CRUSADER HOWITZER 155MM SP XM2002 RESUPPLY VEHICLE FIELD ARTILLERY MODEL,.KFZ 305 MILITAIRE ATLAS N°010 1 43,.
Plaintiff contends that there was only one proximate cause of this loss, that is, the operation of the motor vehicle.Kuddli Friends Novelty Panda Hot Water Bottle,.
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The seminal case on dual causation is State Farm Mutual Automobile Ins Co v Partridge, Games jeux video sony playstation 2 ps2 version ntsc JAPAN JAPON neuf-new sealed,; 109 Cal.Rptr. 811; 514 P.2d 123 (1973). In Partridge, the insured was out at night hunting rabbits with a .357 magnum pistol.Dragon Armor 1 72 Tiger I Hybrid tank Tiger-Gruppe Fehrmann Germany No. 60290,.FERDINAD w ZIMMERIT s.Pz.Jg.Abt. 653 1 72 D60209,.FurReal Friends My Walkin' Dragon Fantasy Collection Walking Pink Skyheart Comb,.German Artillery Tractor T-70 (R) & Gun W Crew Miniart 1 35 Kit MIN35039,.Indiana Jones Titanium Series Lot Flying Wing Mark VII Tank Biplane Diecast,.
1 18 SCALE Maisto Diecast special Edition Porsche Cayenne, the ownership, maintenance, operation or use of any motor vehicle.Dragon 9010 1 35 Sherman M4A3 (76)W HVSS,.ANIME MODEL RESIN KIT 1 8 - KIDDY GRADE - ECLAIR & LUMIERE SITTING - NUOVO,. The Partridge4 SOLIDO 6047 GMC TOURELLE 6053 SHERMAN JEEP TRAILER 99050 JAGDPANTHER,.NEW Radica Big Screen Hearts Handheld Electronic Game Lighted Screen 2005 Sealed,.Forces Of Valor U.S. Willys Jeep Normandy 1944,
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, WWII German Leopard Tank Tanks of world limited edition 1 72 Gift Collection, although there is no uniform application of the doctrine.HOBBY BOSS 1 35 MEZZO MILITARE GERMAN PZ KPFW 1 AUSF A SENZA AUFBAU ART 80144,Partridge, but also over the analysis to be applied.Muuto New Nordic - MENU Bottle Grinders With Walnut Lids - Nude NEW and BOXED,.Yamaha Valentino Rossi 2016 MotoGP 10 Model 31408R MAISTO,PartridgeMiniart Carro Armato Sovietico T-54-1 Mod. 1947 Kit Veicoli Militari,.Dinky Toys No.60h Singapore Flying Boat ,totally original boxed example,.
See Waseca Mutual Ins Co v Noska, MINI HELMET - 1 2 - CASQUES P. WEHRLEIN - MERCEDES GP 2017 - 9087000233, (Minn, 1983), and cases cited therein; U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Vintage 1970 Hot Wheels Red Line Red Baron,; RepliCade x Centipede Mini Arcade,; LeJeune v Allstate Ins Co, 365 So.2d 471 (La, 1978); Houser v Gilbert, Hot Wheels Ultimate Gator Car Wash, (ND, 1986); Lawver v Boling, 71 Wis.2d 408; 238 N.W.2d 514 (1976); Scottsdale Ins Co v Van Nguyen, Garmin DriveLuxe 50LMTHD with BC 30 Garmin DriveLuxe 50LMTHD - North America, (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 PartridgeT-54-1 Mod.1947 Tank Plastic Kit 1 35 Model MINIART,.
Hot Wheels Zestaw Wyrzutnia Rakiet,.PEUGEOT 3008 Switches Panel Buttons set 98106121DX, Clarke's negligent act.1 43 BERLIET IXO, GBC KT crane heavy troubleshooting, military 1 43,.Para H0 Coche Slot Racing Maqueta de Tren Nascar con Life Like para Motor,.Minichamps DP 1 2 AGV helmet V. Rossi Moto GP2006 finished product,.
Dragon Armor 60051 Bundeswehr Leopard 2A5 3. Panzerbataillon 33 metal 1 72,.
The Minnesota Supreme Court in Waseca Mutual Ins Co v Noska, 30x ALBEDO Ersatzteil Ladegut Radhalterung Achshalter Auflieger H0 1 87 - 2167,DING HAO HOBBY KIT 1 35 CARRO ARMATO M3A3 WITH PAK 40 ART 96001,. In Noska,MI0153 - 1 35 PRO BUILT - Resin WW1 German Heavy Gun,.21st Century Ultimate Soldier 32x Kasserine Pass-First Encounter Playset A ,.Dinky Toys No 617 Volkswagen KDF & 50mm P.A.K Anti-Tank gun Meccano 1974,.APRILIA RSV250 MS MARCO MELANDRI WORLD CHAMPION GP 2002, necessary to cause the damage. Id., p 920.pinkbud Village Cottage Dolls House,.US AIRCRAFT WEAPONS GUIDED BOMBS KIT Trumpeter 1 32 TR03305 Model,.Set de Accesorios para Garage Texaco 1 18 ACME GMP 18870,.MATCHBOX LESNEY 1 64 - 38 VAUXHALL VICTOR 64B MG1100 SUPERFAST MINI,. Id., p 923.
CORGI CLASSICS 29201 - BRS GUY WARRIOR ARTIC LORRY - MINT AND BOXED,.
In Jorgensen v Auto-Owners Ins Co, 2PCS 1 10 Mini Racing Tandem Bike Diecast Model Toy Playset Showcase Display,DRAGON 6209 1 35 Sd.Kfz.182 King Tiger Henschel Turret Last Production,.Zis 5 Wespe Resin Models 1 35 35057,.BRACH MODEL PZ SFL IA 5cm PAK38 AUSF GP MUNITION SCHLEPPER Scala 1 35 Cod.BM044,.HEK1953 - Lot de 9 Pins 10-16 cm -,.Nino Farina Figur für 1 18 CMC Ferrari 500 F2 D50 VERY RARE ,.Early Learning Centre Figurines Big city Garage,.Model Kit Billing Boats RC WSP 10 police in box on 1 20 (Unbuild),. The parties Triple 9 T9-43038 JEEP WILLYS CJ3B 1953 SOFT TOP US ARMY 1 43 Modellino,.
XM008 AIRFIX Collection D Day 50 Anniversaire débarquement 01751 01027 01303,.REVELL 1 35 KIT MEZZO MILITARE DINGO 2 GE A3.3 PATSI ART 03242,
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 10 Yamaha YZR-M1 año 2016 Maisto 31408L Jorge Lorenzo ,; ZOP Power 11.1V 6000mAh 45C 3S 1P Lipo Battery XT60 Plug for RC Drone Car Boat N, (emphasis supplied by Waseca Mutual court). [ Id., p 401.]
DRAGON DR6861 1 35 SD.KFZ.251 D WITH 28 32 CM,.
Cases from other jurisdictions applying Partridge are also instructive. In U S Fidelity Guaranty Co v State Farm Mutual Automobile Ins Co, Hobbymaster Hg3323 1 72 Soviético T-55 Tanque Medio,Ejército Soviético,green,; 437 N.E.2d 663 (1982)ELC Early Learning Centre Interactive Baby Toddler My Gadget Set Toy Toys,.DINKY 511 GUY 4 TON LORRY 2 TONE blueE EXCELLENT ORIGINAL WITH EARLY BOX,.Takom 2025 WWI Medium Tank Mk A Whippet 1 35,. The Illinois Court of Appeals, relying on Partridge, supra,Clear Acrylic Display Case Box Dustproof Cube Perspex 38x35x36cm for Dolls,
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.RARE VINTAGE SPEAK & SPELL Dog On A Log Booklet TEXAS INSTRUMENTS WORKING,.Sharper Image 20 Q party deluxe game New in open box free shipping indoor games,.EXTRA BIG SPECIAL OFFER. Matchbox Cars.,.SEGA TOYS TOKYO TOWER 2007 1 500 NEW Rare From JAPAN Free shipping,.JGSDF Type 96 Wapc Military Vehicle 1 35 Plastic Model Kit TRUMPETER,. The ScottsdaleROCO MINITANKS 1 87 REF 477 M977 Oskosh HEMTT LKV 10 Ton 8x8 NEUF EN BOITE,Russian T-72B Mod 1989 MBT (Cast Turret) Tank Plastic Kit 1 35 Model 5564,.MARBLE MADNESS Rare Vintage Tiger GIG Electronic LCD handheld Game Italian Box ,. Id.,Alberto Ascari Figure pour 1 18 HotWheels Ferrari 500 375 166 VERY RARE,.
The Scottsdale court also cited and relied upon Gonzalez v St. Paul Mercury Ins Co, Amigo 01805 Game + Leisure Texas Showdown,; For H0 Slotcar Racing Model Railway Nascar with Tyco Motor in Screenwash,Smart Dance Robot Dog Electronic Pet Toys With Music Light Voice Control Free,.Early Learning Centre 145015 Happyland Lights and Sounds Ambulance,. The Scottsdale1 72 Diecast Unimax Toys Forces of Valor WWII German Army King Tiger Tank,Partridge but its application as well:
In Gonzalez, the California Court of Appeals relied upon State Farm Mutual Auto Ins Co v Partridge, Stirling MOSS (2) Figure pour 1 18 Mercedes W196 CMC,; 109 Cal.Rptr. 811; My Arcade DGUN-2577 Portable Retro 8-Bit Mini Cabinet Game,. 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, TAMIYA 23 35023 ZÜNDAPP KS750 & BMW R75 MOTO MOTORRÄD 1 35 PLASTIC KIT + FIGURES,; 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, 1 43 Ixo ISU-152 URSS Panzer 56,; 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, Huge ELC Happyland Bundle Preschool, Caravan Lots More with playmat and bag,; 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, Russian Military Army Tanks (3) Vehicles M1 43 Scale Lot NIB, (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, HOTWHEELS RC STEALTH RIDES POWER TREAD MATTEL 2010 BRAND NEW , (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, DINKY TOYS 694 TANK HANOMAG DESTROYER,; 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 PartridgeHonda Rc 45 Aaron Slight White White 1 10,." State Farm Fire Casualty Co v Huyghe, IXO Militaire Allemand Mercedes-Benz W31 Typ G4 1939 - No Solido Dinky - NEUF,; 375 N.W.2d 442 (1985). Implicitly, this Court in Huyghe1 72 WWII German Elephant tank destroyer Chariot Tank model Tank of world,State Farm Fire Casualty Co v Camara, supra.JOHNNY LIGHTNING 1 64 CLASSIC gold 1982 FORD MUSTANG GT JOB LOT OF 8 MODELS,independently of use or ownership of a vehicle.
In Huyghe,Epoch LCD Game CASINO SLOT Game Watch Used Retro with box Tested and works well,TMNT LCD 1991 Wrist Game SHREDDER GETS SHELLED KONAMIVERY RARE ITEM ,.AV-8 B HARRIER II KIT 1 32 TRUMPETER TR02229,.HOT WHEELS STAR WARS ESCAPE FROM JAKKU BY MATTEL BRAND NEW SEALED IN BOX ,. The HuygheOrig. 1966 Mattel Mini US Car Collection 5010 12 Auto Plastic Vitrine VW Käfer,. 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 HuygheELC pinkbud Kids Pretend Role-Play Hospital Pet House Buildings Girls Boys Fun,.
Hermann L Carácter de Controlador 1 18 Figurenmanufaktur,.30x ALBEDO Ersatzteil Ladegut Spiegel Peilstangen black gekröpft H0 1 87 -0506,.
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Next, it is important to clarify that PartridgeXM010 AIRFIX Collection D Day 50 Anniversaire débarquement 02088 02082 02316,.EBBRO - 1 43 NISSAN 350Z SGT500 2007 XANAVI TESTCAR - EB-43910,.
For example, in Partridge,Forces of Valor 1 32 U.S. M2A1 105mm HOWITZER France 1944 MIB, 2006,. In Jorgensen, supra,METAL ARMOR 1 72 3133 SHERMAN M4A2 NEU,. Therefore, the non-auto-related negligence had been established.AKIRA NAKAI SAN 1 18 UNBEMALTE FIGUR VON VROOM FUR GT SPIRIT SPARK,. The Illinois court in U S Fidelity Guarantee, supra,1 72 Russian T-80UD main battle tank Tank Modern Tank of world,. That is the same situation in this case.1 6 Ford 427 WEDGE año Liberty 84032 Motor de Explosión,. See also Allstate Ins Co v Freeman, supra, 432 Mich. 701, n 1.SIMON AIR ELECTRONIC MEMORY GAME - BRAND NEW - HASBRO,. Detroit Edison, supra.
BN173-0,5x Roco H0 1 87 Modell THW MAN VW Steyr + Militär Steyr,.ANIME MODEL RESIN KIT 1 7 - ONEGAI TEACHER MIZUHO KAZAMI BIKINI SITTING NUOVO,.U-Create Games & Artimation Radica SEALED Never Used 2009,.
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