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LEPRINO FOODS CO. v. FACTORY MUT. INS. CO.

Nos. 09-1262, 09-1287.

653 F.3d 1121 (2011)

LEPRINO FOODS COMPANY, Plaintiff-Appellee/Cross-Appellant, v. FACTORY MUTUAL INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 2011.

Attorney(s) appearing for the Case

Andrew M. Low ( Terry R. Miller with him on the briefs), Davis Graham & Stubbs LLP, Denver, CO, for Defendant-Appellant/Cross-Appellee.

Michael A. Pope , McDermott Will & Emery LLP, Chicago, IL ( J. Christian Nemeth and Michael W. Weaver , McDermott Will & Emery LLP, Chicago, IL, and William C. Brittan and Richard O. Campbell , Campbell, Killin, Brittan & Ray LLC, Denver, CO, with him on the briefs), for Plaintiff-Appellee/Cross-Appellant.

Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Leprino Foods Company is a Denver-based mozzarella manufacturer that customarily stores its products in third-party warehouses. In one of these warehouses, flavoring compounds derived from nearby-stored fruit products contaminated a large quantity of cheese. Leprino's "all-risk" insurance policy with Factory Mutual Insurance Company excluded contamination unless it was caused by "other physical damage." When Factory Mutual refused coverage...

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