KVAERNER METALS v. COMMERCIAL UNION INS

PER CURIAM:

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.