W. W. Coal Co. v. Pennsylvania National Mutual Casualty Insurance

COFFROTH, P. J.,

This case is here on preliminary objections filed by both *622defendants to plaintiffs’ complaint raising the questions of the recoverability of punitive damages and the sufficiency of the averments to support such claim.

Defendants assert that despite the labeling of a count of the complaint in trespass in which the punitive damages are claimed, all counts sound in contract in which punitive damages are impermissible. This contention compels us to examine the causes of action alleged in order to ascertain their essential nature.

Plaintiffs’ complaint is filed against an insurance…