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INTERSTATE FIRE & CAS. v. ROMAN CATHOLIC CHURCH

Nos. 12-17195, 12-17264, 13-15223.

761 F.3d 953 (2014)

INTERSTATE FIRE & CASUALTY COMPANY, INC., an Illinois corporation, Plaintiff-Counter-Defendant-Appellant, v. ROMAN CATHOLIC CHURCH OF the DIOCESE OF PHOENIX, a corporation sole, by and through Bishop Thomas J. Olmsted, his predecessors and successors, Defendant-Counter-Claimant-Appellee. Interstate Fire & Casualty Company, Inc., an Illinois corporation, Plaintiff-Counter-Defendant-Appellee, v. Roman Catholic Church of the Diocese of Phoenix, a corporation sole, by and through Bishop Thomas J. Olmsted, his predecessors and successors, Defendant-Counter-Claimant-Appellant. Interstate Fire & Casualty Company, Inc., an Illinois corporation, Plaintiff-Counter-Defendant-Appellant, v. Roman Catholic Church of the Diocese of Phoenix, a corporation sole, by and through Bishop Thomas J. Olmsted, his predecessors and successors, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2014.

Attorney(s) appearing for the Case

Steven G. Mesaros (argued), Richard H. Goldberg , and Kevin R. Myer , Renaud Cook Drury Mesaros, Phoenix, AZ; Timothy J. McNamara , Onebane Law Firm, Lafayette, LA, for Plaintiff-Counter-Defendant-Appellant-Cross-Appellee.

Andrew S. Jacob (argued) and Andrew B. Turk , Polsinelli PC, Phoenix, AZ, for Defendant-Counter-Claimant-Appellee-Cross-Appellant.

Before: DOROTHY W. NELSON, M. MARGARET McKEOWN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

Does "any" mean "any," or does "any" mean "any one"? The answer to this seemingly simple question dictates the result in this insurance coverage case, which arises from the alleged sexual abuse of adolescent males by priests in the Roman Catholic Church of the Diocese of Phoenix ("the Diocese"). The excess indemnity policy provided by Interstate Fire & Casualty Company, Inc. ("IFC") to the Diocese excludes "liability of...

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