Phico Insurance v. Pavia Health, Inc.

OPINION AND ORDER

FUSTE, Chief Judge.

On March 15, 2005, Plaintiff, Phico Insurance Company, initiated the present diversity suit against Defendant, Pavia Health, Inc., seeking damages for unpaid deductible amounts owed under the terms of a liability insurance contract that existed between the parties. Docket Document No. 1. On May 23, 2005, Defendant Pavia filed an answer and counterclaim, alleging that Plaintiffs own breach of the insurance contract in question resulted in damages to Defendant that should be set-off and credited against the amount sought by Plaintiff Phico. Docket Document…