Boisseau & Boisseau v. Nationwide Mutual Insurance

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant’s Motion to Dismiss Plaintiff’s Counterclaim to Defendant’s Counterclaim (Doc. 125). For the reasons set forth below, defendant’s motion is denied.

*687I. BACKGROUND

Turner & Boisseau (“T & B”) filed a simple contract action in Barton County District Court to collect fees for services rendered pursuant to an oral contract with Nationwide Mutual Insurance Company (“Nationwide”). Although T & B was aware of facts supporting a claim for fraud and punitive damages at time of filing suit, it chose not to pursue the…