Smith v. Community Service Insurance

Plaintiff is the insured and defendant is the insurer under a policy of no-fault automobile insurance. Plaintiff was injured while riding on an inner tube which was being towed by the insured vehicle. As the vehicle proceeded down the road, the inner tube, attached by a rope, was swerving from side to side. It went up a bank of plowed snow, flipped over, and in the resulting impact plaintiff was injured.

On June 19, 1980, plaintiff filed this action for declaratory relief seeking a determination that defendant was liable to pay personal injury protection (PIP) benefits to her. At issue in this…