Judge Vacates Magistrate's Findings in Foster Wheeler Coverage Case

NEW YORK - A New York federal judge has vacated without prejudice a magistrate judge's report and recommendation as to choice-of-law and notice issues in a $12.3 million dispute over reinsurance coverage for Foster Wheeler Corp. asbestos claims. AIU Insurance Co. v. TIG Insurance Co., No. 07-CIV-7052 (S.D. N.Y.).

On March 9, Judge Sidney H. Stein of the U.S. District Court for the Southern District of New York vacated a majority of the recommendations made by Magistrate Judge Henry Pitman, ruling that TIG Insurance Co.'s motion for partial summary judgment is premature at this time because discovery is still proceeding. …