United States Tenth Circuit

In a dispute involving the contamination of over eight million pounds of mozzarella cheese manufactured by plaintiff-insured, partial grant of summary judgment to defendant-insurer and denial of a motion for new trial are reversed where the district court erred in granted partial summary judgment to defendant and in excluding evidence regarding the application of an exception to a policy exclusion.

Appellate Information

• Decided 07/07/2006
• Published 07/07/2006

Judges

• HENRY, Circuit Judge., Before KELLY, HENRY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael A. Pope (with J. Christian Nemeth, McDermott, Will & Emery LLP, Chicago, IL, and Michael G. Bohn, Campbell, Bohn, Killin, Brittan & Ray, LLC, Denver, CO, on the briefs), McDermott, Will & Emery LLP, Chicago, IL, for Plaintiff-Appellant/Cross-Appellee., Matthew Mersfelder (with Russell E. Yates and Carlos Leal, on the briefs), Yates & Leal LLP, Denver, CO, for Defendant-Appellee/Cross-Appellant.