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GLENS FALLS INS. CO. v. RICH

Docket No. 33973.

49 Cal.App.3d 390 (1975)

122 Cal. Rptr. 696

GLENS FALLS INSURANCE COMPANY, Plaintiff and Respondent, v. ELTON MICHAEL RICH, Defendant and Appellant; HARRY E. DuBAY, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

June 26, 1975.

Attorney(s) appearing for the Case

COUNSEL

Davis & Sauer, Norman A. Sauer and Robert L. Davis for Defendant and Appellant.

Bronson, Bronson & McKinnon and Paul H. Cyril for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

MOLINARI, P.J.

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...

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