Leprino Foods Co. v. Factory Mutual Insurance

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 on the basis of the contamination exclusion, Leprino brought suit. A jury determined the contamination was caused by other…