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3034 If an action is brought on multiple theories, some of which are supported by probable cause and others of which are not, the ones that are not supported by probable cause may be the basis of subsequent liability for malicious prosecution; a negligence action asserted solely for the purpose of triggering insurance coverage is not thereby supported by probable cause.
VIDEOTAPE PLUS v LYONS (Multiple Theories) 89 CA4 156 [See: Sheldon Appel v Albert & Oliker 47 C3 863; Bertero v National 13 C3 43; Crowley v Katleman 8 C4 66, T/AT 12/94; Sangster v Paetkau 68 CA4 151, T/AT 1/99; Sierra Club v Graham 72 CA4 1135, T/AT 7/99; Roberts v Sentry 76 CA4 375, T/AT 12/99]
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