Minutes | Filed: August 20, 2026
| Entered: August 20, 2026
Dottore v. National Casualty Company et al
Insurance | New York Eastern
Pre Motion Conference
Minute Entry for Pre-Motion Conference on Defendants' Partial Motion to Dismiss held before Judge Kiyo A. Matsumoto on 8/20/2026. Andrew S. Goldwasser Esq. appeared on behalf of the Plaintiff Dottore, ("Plaintiff"). Tracey Wishert Esq. appeared on behalf of the Defendants National Casualty Company and K&K Insurance Group, Inc., (the "Defendants"). The Court held discussions with the Parties.
The Court stated that it was unlikely to grant in full Defendants' partial motion to dismiss because the Second Circuit has recognized that "a series of New York cases" have held that "under certain circumstances, an insurer may be held liable by an insured... for a bad faith failure to settle a claim." Harris v. Provident Life & Accident Ins. Co., 310 F.3d 73, 80 (2d Cir. 2002). Courts in this Circuit have declined to dismiss implied covenant of good faith and fair dealing claims as duplicative on a motion to dismiss where a Plaintiff has alleged the mishandling of a claim independent of a breach of contract. The Court also stated that Plaintiff's punitive damages request may be weak but advised that a request for punitive damages is not a separate cause of action but a remedy request.
Given the risks and costs of motion practice, discovery, and trial for both Parties, the Court encouraged Plaintiff's Counsel and Defense Counsel to speak to their clients and engage in settlement negotiations. Counsels represented that they were open to speaking with their clients and reaching out to Magistrate Judge Dunst to schedule a settlement conference. By September 21, 2026, the Parties will report jointly on the status of settlement discussions.
If settlement discussions are not successful, the Defendants will file their MTD on September 21, 2026. By October 5, 2026, the Plaintiff will file any response. By October 12, 2026, Defendants will file any reply.
Lastly, the Court advises that it has redacted Victim Jane-Doe-1's name from ECF Nos. 1-4 and 36-4 and has replaced both attachments with versions redacting her name. (Court Reporter Jamie Stanton.) (KSC)