A father and son were preparing to come home from a turkey hunting trip. The father was in the passenger's seat. The son had placed his loaded rifle in a scabbard that was part of a seat cover and was designed to hang behind the operator's calves while driving.. The son had loaded the rifle incorrectly and, while entering the truck, the rifle discharged, injuring the father.

The insurer filed for a summary judgment claiming that no coverage exists under the son's homeowner's policy since the policy excludes damages from loading or unloading vehicles. The trial court ruled in favor of the insurer. The insureds appealed the decision on the grounds that the "loading" had been completed and that the son's negligence in injuring his father was covered.

The appeal court did not dispute the facts of the case. The son believed that the rifle's hammer may have gotten entangled with the scabbard's material. When he had finished loading it, the hammer may have fallen, discharging the rifle. The court held the opinion that, although the discharge occurred after the rifle was loaded, the injury was a direct result of the improper loading. Further, as the scabbard was part of the vehicle, the loading was an act of using the vehicle for its intended purpose.

In light of the above, the appeal court affirmed the trial courts decision in favor of the insurer.

(ALLSTATE INSURANCE COMPANY, Plaintiff, Appellee v. POWERS ET UX., Defendants, Appellants. Arizona Court of Appeals. No. 1 CA-CV 96-0510 June 12, 1997.CCH 1997 Fire and Casualty Cases, Paragraph 6180.)