Rich

In this declaratory relief action brought by Glens .Falls Insurance Company (“Glens Falls”) against- Harry E. DuBay (“DuBay”), its insured under a homeowner’s insurance policy, and Elton Michael Rich (“Rich”), who was injured while riding as a passenger in DuBay’s automobile as the result of the discharge of DuBay’s shotgun, the question is whether the trial court erred in denying recovery to Rich under said policy on the ground that the accident arose out of the use of the automobile so as to cause it to come within the automobile exclusionary provision of said policy. We have concluded that the exclusionaiy clause is inapplicable and that therefore the policy affords insurance coverage to DuBay for any liability to Rich. Accordingly, the judgment must be reversed.

The facts of this case are undisputed. On September 23, 1972, DuBay and Rich were on a hunting trip in Trinity County in a Travelall automobile owned by DuBay. The Travelall was being driven by DuBay and Rich was seated in the front seat. Two other passengers were seated in the back seat.

Earlier that day, at approximately 5:15 a.m., DuBay placed a loaded 12 gauge Winchester shotgun underneath the front seat…