Nelson v. State Farm Mutual Automobile Insurance

EBEL, Circuit Judge.

In April 2003, Plaintiff-Appellant David Nelson filed a state-court suit for reformation and for breach of an automobile insurance contract against Defendanb-Appellee State Farm Mutual Automobile Insurance Co. He asserted entitlement to extended loss-of-wage personal-injury-protection (“PIP”) benefits under the Colorado Auto Accident Reparations Act (“CAARA”), Colo.Rev.Stat. §§ 10-4-701 to -726 (2000). 1 State Farm timely removed the action to federal district court and moved for dismissal under Federal Rule of Civil Procedure 12(c), contending that the cause of action was…