Cole v. New Hampshire Insurance

Birdsong, Chief Judge.

This is an action brought by an insurer to have it declared whether its insured Barbara Cole is entitled under her “no-fault” auto insurance to recover for injuries sustained outside the car at a gasoline station.

It is agreed, and the trial court found, that Ms. Cole had pumped gas in her car, entered the station and paid the attendant, and was returning to her car, walking around the right front of the car when she slipped and fell, striking her left arm on the right front fender and her left knee on the pavement and breaking her kneecap.

The trial court rendered summary…