Employers' Liability Assur. Corp., Ltd. of London v. Portland Electric Power Co.

(after stating the facts as above). The only point argued before this court is the relation the employee bears to the Workmen’s Compensation Law of Oregon (Or. L. § 6605 et seq.). It is clear that the policy covers others than those in the employ of the insured; and where the employer is engaged in more than one business, he may come under the aet as to one business and stay out as to the other, and by filing the necessary notices he is excluded from the act. State ex rel. Marshall v. Roesch, 108 Or. 371 , 216 P. 749 . The employer being “out of the aet,” there is nothing in the record or the law to show tt&t the employee was within or under it. The provisions are purely a matter of election; the plan is proposed; if accepted, the employer and employee are within or under the aet; if rejected, each is relegated to the courts for all remedial relief. Evanhoff v. State Ins. Accident Com., 78 Or. 503 , 154 P. 106 .

Under section 6614 of the Oregon Laws, all employees in any hazardous occupation are subject to the provisions of the Workmen’s Compensation Aet, unless the employer files with the commission written notice of the election not to be subject thereto. It is admitted that…