Respondent petitions for reconsideration of our opinion in Gifford v. Western Aviation Ins. Group, 77 Or App 645, 713 P2d 1085 (1986). We allow the petition. We address only respondent’s request for clarification of which issues remain for trial. The cross-claim alleges sufficient facts to state a claim for both negligence and breach of contract.

Petition allowed; former opinion adhered to as clarified.