Opinion
No. 77 WAL 2003.
April 5, 2004.
No. 77 WAL 2003, Petition for Reconsideration from the Order of the Superior Court.
ORDER
AND NOW, this 5th day of April, 2004, the Petition for Reconsideration and Allowance of Appeal are hereby GRANTED.
In addition, the parties are directed to address the appropriate test or inquiry in ascertaining whether an underlying claim sounds in contract or tort for purposes of insurance coverage. Compare Redevelopment Auth. of Cambria County v. International Ins. Co., 454 Pa.Super. 374, 685 A.2d 581 (1996) ( en banc) with Yocca v. Pittsburgh Steelers Sports, Inc., 806 A.2d 936 (Pa.Cmwlth. 2002), appeal granted, 573 Pa. 713, 827 A.2d 1203 (2003) and Tenos v. State Farm Ins. Co., 716 A.2d 626 (Pa.Super. 1998).
This matter is consolidated for argument with Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 543-44 MAL 2003.
Justice BAER did not participate in the consideration of this matter.