Montgomery Elevator Co. v. Tuality Community Hospital, Inc.

*301RIGGS, J.

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. In exchange, defendant agreed to procure comprehensive liability insurance protecting plaintiff from personal injury and property damage claims from all persons, including defendant’s employees.2 Defendant…