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MONTGOMERY ELEVATOR v. TUALITY COM. HOSP.

C880697 CV; CA A50882.

790 P.2d 1148 (1990)

101 Or.App. 299

MONTGOMERY ELEVATOR Company, a Delaware Corporation, Appellant, v. TUALITY COMMUNITY HOSPITAL, Inc., an Oregon Nonprofit Corporation, Respondent.

Court of Appeals of Oregon.

Resubmitted March 7, 1990.

Decided April 18, 1990.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs was Mitchell, Lang & Smith, Portland.

Lindsey H. Hughes, Portland, argued the cause for respondent. With her on the brief were Molly K. Marcum and Hallmark, Keating & Abbott, Portland.

Resubmitted In Banc March 7, 1990.

RIGGS, Judge.

In this action for breach of contract, plaintiff appeals a summary judgment for defendant. The issue is whether the exclusive liability provision of the Workers' Compensation Act, ORS 656.018(1), voids an agreement to purchase liability insurance.1 We conclude that it does not.

Plaintiff contracted with defendant to maintain and repair elevator equipment on defendant's premises...

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