National Union Fire Insurance v. Gateway Motels, Inc.

ZAPPALA, Justice,

concurring and dissenting.

I concur in the order insofar as it grants the Petition for Allowance of Appeal. I dissent from the order insofar as it summarily reverses the order of the Superior Court.

*410A petition for allowance of appeal is designed to persuade the Court that a matter is worthy of review. It is not a full presentation of the case. A respondent is not obligated to file a brief in opposition, Pa.RA.P. 1116, and in this case no briefs in opposition were filed. No matter how clear the matter may seem, I think it is both unwise and unfair to decide an issue without affording both parties the opportunity to address the merits in the context of a complete record.