Bruno, D., Aplts. v. Erie Insurance

OPINION

Justice TODD.

In this interlocutory appeal, we consider two questions: (1) whether a negligence claim brought against an insurer by its insureds — for alleged statements made by the insurer’s ad*83juster, and an engineer the insurer had retained, that mold which the insureds discovered while performing home renovations was harmless and that they should continue their renovations — was barred by the “gist of the action” doctrine on the grounds that the true gist or gravamen of the action was an alleged breach of the insurance contract, their homeowners’ policy; and (2) whether the…