Opinion
April 5, 2004.
Nos. 543 544 MAL 2003, Petitions for Allowance of Appeal from the Order of the Superior Court.
Prior report: 825 A.2d 641.
ORDER
AND NOW, this 5th day of April, 2004, the Petitions for 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 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 Freestone v. New England Log Homes, Inc., 77 WAL 2003.