Nelson v. State Farm Mut. Auto. Ins., 419 F.3d 1117 (10th Cir. 2005). · Go Syfert
Nelson v. State Farm Mut. Auto. Ins., 419 F.3d 1117 (10th Cir. 2005). Cases Citing This Book View Copy Cite
80 citation events (80 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Purgatory Recreation I v. United States (2×) also: Cited as authority (rule)
10th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the date a statute of limitations accrues under undisputed facts is a question of law . . . .
discussed Cited as authority (verbatim quote) Parker v. Bourdon
10th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
whether a court properly applied a statute of limitations and the date a statute of limitations accrues under undisputed facts are questions of law we review de novo.
cited Cited as authority (rule) Robert Louis Brown v. Utah County Jail
D. Utah · 2026 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005)).
discussed Cited as authority (rule) Fresh Inc. a/k/a All Fresh Corporation v. Transportation Insurance Company; CNA Financial Corporation; and/or Continental Casualty Company, individually, and d/b/a CNA Insurance Company; The Central Trust Bank f/k/a Central Bank of Oklahoma
N.D. Okla. · 2026 · confidence medium
Co., 7 Having found no personal jurisdiction over CNAF, the Court will not address whether it was properly served. 419 F.3d 1117, 1119 (10th Cir. 2005) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Jackson v. State of New Mexico
D.N.M. · 2025 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005)).
cited Cited as authority (rule) Williamson v. Auction Credit Enterprises, LLC
Bankr. D. Kan. · 2025 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005)); McVicker v. Ultimate LLC, No. 24-2162, 2024 U.S. Dist.
cited Cited as authority (rule) A.R. Wilfley & Sons, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA.
D. Colo. · 2025 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Dennis v. City and County of Denver, Colorado
D. Colo. · 2024 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Bridge v. Oklahoma State Department of Education
W.D. Okla. · 2024 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005)).
cited Cited as authority (rule) Mighty Siren LLC v. Bates
W.D. Okla. · 2023 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Harper v. Arrow Electronics Corporation
D. Colo. · 2022 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) United States ex rel. Tracy v. Emigration Improvement Dist.
10th Cir. · 2022 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Sessions v. State of New Mexico
D.N.M. · 2022 · confidence medium
Co., 419 F.3d 1117, 1118 (10th Cir. 2005); Fleming v. Coulter, 573 F. App’x 765, 768 (10th Cir. 2014); Myers v. Koopman, 738 F.3d 1190, 1193 (10th Cir. 2013)).
discussed Cited as authority (rule) State v. Freeman
Conn. · 2022 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005) (‘‘[w]hether a court properly applied a statute of limitations and the date a statute of limitations accrues under undisputed facts are questions of law we review de novo’’); Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003) (‘‘[i]f the facts underlying a claim for equitable tolling are undisputed, the question of whether the statute of limitations should be equitably tolled is . . . reviewed de novo’’).
discussed Cited as authority (rule) Herrera v. City of Espanola (2×) also: Cited "see"
10th Cir. · 2022 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Cracraft v. Utah Valley University
10th Cir. · 2021 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Sack v. Colorado Farm Bureau Insurance Company
D. Colo. · 2021 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Martinez v. Allstate Insurance Company
D. Colo. · 2021 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Byron v. University of Utah
D. Utah · 2021 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005). 7 Fed.
discussed Cited as authority (rule) Ombe v. Cook
10th Cir. · 2021 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005), but “[w]e review the district court’s refusal to apply equitable tolling for an abuse of discretion.” Alexander v. Oklahoma, 382 F.3d 1206, 1215 (10th Cir. 2004) (internal quotation marks omitted).3 2 As in Ombe I, see 755 F. App’x at 758 & n.3, Mr. Ombe’s briefs and submissions are laced with unnecessary and unfounded invective directed at the district court.
cited Cited as authority (rule) Avington v. Bank of America
10th Cir. · 2021 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Ramirez v. New Mexico Department of Corrections
D.N.M. · 2021 · confidence medium
Co., 419 F.3d 1117, 1118 (10th Cir. 2005); Fleming v. Coulter, 573 F. App’x 765, 768 (10th Cir. 2014); Myers v. Koopman, 738 F.3d 1190, 1193 (10th Cir. 2013)).
cited Cited as authority (rule) Njuguna v. CR England Inc
W.D. Okla. · 2020 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005) (internal quotation marks omitted).
cited Cited as authority (rule) Maguire-OHara Construction Inc v. Cool Roofing Systems Inc
W.D. Okla. · 2020 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005) (internal quotations omitted).
cited Cited as authority (rule) Estate of James Roemer v. Johnson
10th Cir. · 2019 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005); McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1128 (10th Cir. 1998).
cited Cited as authority (rule) Ciber, Inc. v. ACE American Insurance Co.
D. Colo. · 2017 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Rigler v. Lampert
D. Wyo. · 2017 · confidence medium
Co., 419 F.3d 1117, 1118 (10th Cir. 2005); see also Fleming v. Coulter, 573 Fed.Appx. 765, 768 (10th Cir. 2014); Myers v. Koopman, 738 F.3d 1190, 1193 (10th Cir. 2013).
cited Cited as authority (rule) Jones v. State Farm Mutual Automobile Insurance
10th Cir. · 2016 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
discussed Cited as authority (rule) Martin Marietta Materials, Inc. v. Kansas Department of Transportation (2×)
10th Cir. · 2016 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005) (quoting McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991)).
discussed Cited as authority (rule) Caplinger v. Medtronic, Inc. (2×)
10th Cir. · 2015 · confidence medium
Co., 419 F.3d 1117, 1120-21 (10th Cir.2005) (noting that the plaintiff “made no suggestion of a proper accrual date at the trial-court level” in response to the defendant’s statute-of-limitations affirmative defense). 2 That’s not to say another plaintiff won’t ever be able to succeed where Ms. Caplinger has failed.
cited Cited as authority (rule) Marshall v. Wyoming Department of Corrections
10th Cir. · 2014 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) (internal quotation marks omitted).
cited Cited as authority (rule) Estate of Stevens ex rel. Collins v. Board of County Commissioners
D.N.M. · 2014 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005).
cited Cited as authority (rule) Fowlke v. Commissioner
10th Cir. · 2013 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) (a motion for judgment on the pleadings is reviewed de novo).
cited Cited as authority (rule) Needham v. Fannie Mae
D. Utah · 2012 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005). .
discussed Cited as authority (rule) Morris v. City of Colorado Springs
10th Cir. · 2012 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) (quoting McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991)), and “[ujnder that standard, we review the motion de novo, accepting factual allegations as true and considering them in the light most favorable to the plaintiff,” Tomlinson v. El Paso Corp., 653 F.3d 1281, 1285-86 (10th Cir.2011).
discussed Cited as authority (rule) Sterenbuch v. Goss
Colo. Ct. App. · 2011 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) ("Whether a court properly applied a statute of limitations and the date a statute of limitations accrues under undisputed facts are questions of law we review de novo.").
cited Cited as authority (rule) Aclys International v. Equifax
10th Cir. · 2011 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005). 2 .
cited Cited as authority (rule) Tomlinson v. El Paso Corp.
10th Cir. · 2011 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) (quotation omitted).
discussed Cited as authority (rule) Jackson v. American Family Mutual Insurance Co. (2×)
Colo. Ct. App. · 2011 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) ("Whether a court properly applied a statute of limitations and the date a statute of limitations acerues under undisputed facts are questions of law we review de novo.").
discussed Cited as authority (rule) Crosby v. American Family Mutual Insurance Co. (2×) also: Cited "see"
Colo. Ct. App. · 2010 · confidence medium
Co., 419 F.3d 1117, 1121 (10th Cir.2005).
cited Cited as authority (rule) Wallace v. Microsoft Corp.
10th Cir. · 2010 · confidence medium
Co., 419 F.3d 1117, 1119 (10th.
discussed Cited as authority (rule) Gibson v. Parish (2×)
10th Cir. · 2010 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005).
cited Cited as authority (rule) Corder v. Lewis Palmer School District No. 38
10th Cir. · 2009 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) (internal quotations omitted).
discussed Cited as authority (rule) Folks v. State Farm Mutual Insurance (2×) also: Cited "see"
10th Cir. · 2008 · confidence medium
Co., 419 F.3d 1117, 1120 (10th Cir.2005) (“[T]he district court properly applied CAARA’s statute of limitations to Mr. Nelson’s claim for reformation because his lawsuit was based on an alleged violation of CAARA and requested benefits.”).
cited Cited as authority (rule) State Farm Mutual Automobile Insurance v. Boellstorff
10th Cir. · 2008 · confidence medium
Co., 419 F.3d 1117, 1120 (10th Cir.2005) (“[W]hen an action for benefits is brought under CAARA, it is subject to CAARA’s three-year statute of limitations.”).
cited Cited as authority (rule) Brady v. UBS Financial Services, Inc.
10th Cir. · 2008 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005); Wright v. Sw.
cited Cited as authority (rule) Parkhurst v. Lampert
10th Cir. · 2008 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005).
cited Cited as authority (rule) Keeler v. Cereal Food Processors
10th Cir. · 2007 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005).
cited Cited as authority (rule) Keeler v. Cereal Food
10th Cir. · 2007 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005).
cited Cited as authority (rule) Clark v. State Farm Mutual Automobile Insurance
D. Colo. · 2007 · confidence medium
Co., 419 F.3d 1117, 1120-21 (10th Cir.2005).
Retrieving the full opinion text from the archive…
David E. NELSON, Plaintiff-Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee
04-1366.
Court of Appeals for the Tenth Circuit.
Aug 17, 2005.
419 F.3d 1117
John G. Taussig, III, Boulder, CO, for Plaintiff-Appellant., Sheryl L. Anderson and Suanne M. Dell, Wells, Anderson & Race, L.L.C., Denver, CO, for Defendanb-Appellee.
Ebel, Brorby, McConnell.
Cited by 60 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: D. Utah (1)
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[*1119] 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 untimely under Colo.Rev.Stat. § 13 — SO—101(l)(j) (2002). [2] The district court granted the motion and Mr. Nelson appeals. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. [3]

I.

We review a dismissal granted under Rule 12(c) “under the standard of review applicable to a Rule 12(b)(6) motion to dismiss.” McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) (quotation marks omitted). Thus, our review is de novo, and

[w]e accept all well-pleaded factual allegations in the complaint as true and view them in the light most favorable to the nonmoving party. A dismissal pursuant to 12(b)(6) will be affirmed only when it appears that the plaintiff can prove no set of facts in support of the claims that would entitle the plaintiff to relief.

Clark v. State Farm Mut. Auto. Ins. Co., 319 F.3d 1234, 1240 (10th Cir.2003) (citation and quotation marks omitted). Whether a court properly applied a statute of limitations and the date a statute of limitations accrues under undisputed facts are questions of law we review de novo. See Burton v. R.J. Reynolds Tobacco Co., 397 F.3d 906, 914 (10th Cir.2005); Arnold v. Air Midwest, Inc., 100 F.3d 857, 859 (10th Cir.1996). The parties agree that Colorado substantive law applies.

II.

The facts giving rise to the appeal are undisputed. Mr. Nelson was injured in an automobile accident on April 16, 1998. After he submitted a claim under his basic PIP policy, State Farm paid in accordance with the policy, which limited his loss-of-wage benefits to no more than $400/week for fifty-two weeks. Accordingly, the last loss-of-wage PIP payment was made on April 16,1999.

But when Mr. Nelson purchased the policy, State Farm failed to offer him “extended” or enhanced PIP benefits in exchange for a higher premium, as required by section 710(2)(a) of CAARA. Under Colorado law, such failure could result in judicial reformation of the insurance contract. See Brennan v. Farmer’s Alliance Mut. Ins. Co., 961 P.2d 550, 554 (Colo.App.1998); Clark, 319 F.3d at 1238-39 & n. 3. On April 15, 2003, Mr. Nelson filed suit seeking reformation such that the insurance contract would be read to provide for extended and enhanced loss-of-wage PIP benefits “without time or dollar limitation” as provided in section 710(2)(a). Aplt.App.[*1120] at 6. State Farm removed the action to federal court and filed a motion to dismiss.

Although State Farm asserted that CAARA’s three-year statute of limitations barred suit as the basis of its motion to dismiss, Mr. Nelson responded that only a laches analysis should apply to a suit for reformation. Applying Colorado law, the district court implicitly held that CAARA applied and noted that, even if a laches analysis applied, no extraordinary circumstances warranted a departure from applying CAARA’s three-year limitation period. See id. at 58; Interbank Invs., L.L.C. v. Vail Valley Consol. Water Dist., 12 P.3d 1224, 1229-30 (Colo.App.2000) (stating that, in laches analysis for equitable claims, court applies statute of limitations most analogous to “actions at law of like character,” “[ajbsent extraordinary circumstances”); Hersh Cos., Inc. v. Highline Vill. Assocs., 30 P.3d 221, 223-24 (Colo.2001) (stating that, “[i]n determining whether a claim falls within the purview of a particular statute of limitations, consideration should be given to the nature of the right sued upon and not necessarily the particular form of action or the precise character of the relief requested.” (quotation marks omitted)).

Noting that Mr. Nelson had not addressed the issue of accrual nor offered a date at which time his reformation claim accrued, the court further held that the accrual date for Mr. Nelson’s claim was, at the latest, April 16, 1999 — the date that State Farm ceased making PIP loss-of-wage benefit payments. ApltApp. at 59. Thus, the district court concluded that Mr. Nelson’s action was untimely.

III.

On appeal, Mr. Nelson raises three categories of issues, which we address in the order presented on appeal.

A. Laches. First, Mr. Nelson claims that his case should have “survive[d]” judgment because State Farm failed to plead laches as an affirmative defense. Aplt. Br. at 12-13. This argument is frivolous. Mr. Nelson raised the doctrine of laches as a counter-argument to State Farm’s claim that CAARA’s statute of limitations barred his claim. State Farm was not required to raise a defense it did not believe applied, and the district court did not construe State Farm’s statute-of-limitations defense as a laches defense.

Equally unmeritorious is Mr. Nelson’s claim that the district court erred by not listing circumstances to justify its application of CAARA’s statute of limitation in a laches analysis. Under Interbank Investments, the court was required to list only those circumstances warranting a departure from applying CAARA’s statute of limitation. See Interbank Invs., 12 P.3d at 1229-30. Mr. Nelson pointed to no such circumstances.

Further, we conclude that the district court properly applied CAARA’s statute of limitations to Mr. Nelson’s claim for reformation because his lawsuit was based on an alleged violation of CAARA and requested benefits. Section 13-80-101(l)(j) provides that it is to be applied to “all actions” brought under CAARA, “regardless of the theory upon which suit is brought.” Section 13-80-101(1)©. The Colorado Supreme Court has held that, when an action for benefits is brought under CAARA, it is subject to CAARA’s three-year statute of limitations. Jones v. Cox, 828 P.2d 218, 222 (Colo.1992). The court has noted that “the language ‘arising out of means to ‘originate from,’ ‘grow out of,’ or ‘flow from.’ It does not require a strict causal connection between the use or operation of a motor vehicle and the accident; some causal connection suffices.” City & County of Denver v. Gonzales, 17[*1121] P.3d 137, 140-41 (Colo.2001). Even though he sought the equitable remedy of reformation, Mr. Nelson’s lawsuit clearly “arose from” rights exclusively provided under CAARA and from the alleged violation of CAARA. The district court therefore properly applied CAARA’s statute of limitations.

Mr. Nelson next argues that the district court did not consider the “fact” that his right to medical and rehabilitation expenses had not terminated at the same time the last loss-of-wage PIP payment was received, so his delay in filing suit could not have been unconscionable or unreasonable under a laches analysis. Besides the fact that this argument is mooted by our holding that the district court properly granted State Farms’ motion to dismiss that was based solely on the application of CAARA’s statute of limitations, a review of Mr. Nelson’s brief in response to the motion to dismiss shows that he did not raise this argument to the district court. We therefore decline to address it. See Tele-Communications, Inc. v. CIR, 104 F.3d 1229,1232 (10th Cir.1997).

B. Accrual date. Mr. Nelson next argues that the district court applied an incorrect accrual date in determining that his suit was untimely. Again, because he did not raise this argument and made no suggestion of a proper accrual date at the trial-court level, he has waived the issue on appeal. If we were to reach the merits, however, we would conclude that the district court applied the proper accrual date to his claim for loss-of-wage PIP benefits.

As mentioned above, Mr. Nelson’s suit requested reformation of the insurance contract for violation of CAARA and damages for breach of contract. Under Colorado law, an action for breach of contract accrues “on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.” Colo.Rev.Stat. § 13-80-108(6). Likewise, “[a] cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.” Colo.Rev.Stat. § 13-80-108(8). Thus, whether the action was one for reformation, breach of contract, or violation of state law, the accrual date is when Mr. Nelson knew or should have known that State Farm had not offered him extended PIP benefits. The district court properly found that Mr. Nelson should have known at least by the last date he was paid loss-of-wage benefits under the basic, limited PIP policy that State Farm had not offered him extended benefits.

Mr. Nelson’s claim that it is “illogical and inefficient” to require a plaintiff to file suit “while still receiving benefits” under his insurance contract is without merit and is based on a hypothetical that he did not raise in the district court. Further, his complaint made a claim only for extended or enhanced loss-of-wage PIP benefits, and the basis of Mr. Nelson’s suit for reformation was a failure to offer extended loss-of-wage benefits. See ApltApp. at 6. It is neither illogical nor inefficient to require a plaintiff to timely make a claim for a particular kind of benefit while receiving a qualitatively different kind of benefit.

Mr. Nelson next argues that the district court should be reversed because its order stated that the purpose of reformation is to “reflect the intent of the parties,” but Colorado case law holds that the purpose of judicial reformation under CAARA is “to ensure that coverage meets the statutory requirements where Plaintiff has alleged that the policy violates a stat[*1122] ute.” Aplt. Br. at 17 (quotation marks omitted). He argues that the district court’s misunderstanding of the basis for reformation indicates that the court did not properly focus its inquiry. We disagree. Notwithstanding any statements the district court made regarding the purpose of Colorado’s judicial reformation doctrine, the district court dismissed the case as untimely filed. Even if the purpose of reformation is to ensure that extended coverage is offered to insureds, the Colorado legislature expressed its intent that all actions arising under CAARA be subject to a three-year time limitation. Contrary to Mr. Nelson’s assertions, CAARA mandates judicial reformation only in a timely filed suit.

C. Application of the proper legal standards. Finally, Mr. Nelson argues that reversal is required because, despite accepting as true the facts alleged in his complaint, the district court dismissed the case without knowing when his other PIP benefits ended and based its dismissal only on an accrual date starting from the date the last loss-of-wage PIP benefit was paid. This argument is no more than a rehash of his unpreserved accrual arguments addressed swpra, and is founded on the flawed premise that a right to reformation exists even when suit is not timely filed.

Appellant’s motion to file a supplemental brief on the issue of equitable tolling is DENIED.

The judgment of the district court is AFFIRMED.

1

. The Act has now been repealed. See Colo. Rev.Stat. § 10-4-726 (effective July 1, 2003). The district court determined that the action is governed by the law in effect at the time the action was commenced, and the parties do not appeal from that holding. Aplt.App. at 56 n. 2.

2

. Former section 13 — 80—101(l)(j) stated: "The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: ... [a]ll actions under the 'Colorado Auto Accident Reparations Act', part 7 of article 4 of title 10.” And see Aplt.App. at 57 & n. 4.

3

.After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.