Bond or insurance required--deductible clause accepted,when--new surety, when--liability, effect of chapter on.
281.065. 1. The director shall not issue a certifiedcommercial applicator's license until the applicant or theemployer of the applicant has furnished evidence of financialresponsibility with the director consisting either of a suretybond or a liability insurance policy or certification thereof,protecting persons who may suffer legal damages as a result ofthe operations of the applicant; except that, such surety bond orliability insurance policy need not apply to damages or injury tocrops, plants or land being worked upon by the applicant.
2. The amount of the surety bond or liability insurancerequired by this section shall be not less than twenty-fivethousand dollars for property damage and bodily injury insurance,each separately and for each occurrence. Such surety bond orliability insurance shall be maintained at not less than that sumat all times during the licensed period. The director shall benotified within twenty days prior to any reduction at the requestof the bond- or policyholder or any cancellation of such suretybond or liability insurance by the surety or insurer, as long asthe total and aggregate of the surety and insurer for all claimsshall be limited to the face of the bond or liability insurancepolicy. If the surety bond or liability insurance policy whichprovides the financial responsibility for the applicant isprovided by the employer of the applicant, the employer of theapplicant shall immediately notify the director upon thetermination of the employment of the applicant or when acondition exists under which the applicant is no longer providedbond or insurance coverage by the employer. The applicant shallthen immediately execute a surety bond or an insurance policy tocover the financial responsibility requirements of this sectionand shall furnish the director with evidence of financialresponsibility as required by this section. The director mayaccept a liability insurance policy or surety bond in the propersum which has a deductible clause in an amount not exceeding onethousand dollars; except that, if the bond- or policyholder hasnot satisfied the requirement of the deductible amount in anyprior legal claim, such deductible clause shall not be acceptedby the director unless the bond- or policyholder furnishes thedirector with a surety bond or liability insurance which shallsatisfy the amount of the deductible as to all claims that mayarise in his application of pesticides.
3. If the surety furnished becomes unsatisfactory, the bond-or policyholder shall, upon notice, immediately execute a newbond or insurance and if he fails to do so, the director shallcancel his license, or deny the license of an applicant, and givehim notice of cancellation or denial, and it shall be unlawfulthereafter for the applicant to engage in the business of usingpesticides until the bond or insurance is brought into compliancewith the requirements of subsection 1 of this section. If thebond- or policyholder does not execute a new bond or insurancepolicy within sixty days of expiration of such bond or policy,the licensee shall be required to satisfy all the requirementsfor licensure as if never before licensed.
4. Nothing in sections 281.010 to 281.115 shall be construedto relieve any person from liability for any damage to the personor lands of another caused by the use of pesticides even thoughsuch use conforms to the rules and regulations of the director.
Bond or insurance required--deductible clause accepted,when--new surety, when--liability, effect of chapter on.
281.065. 1. The director shall not issue a certifiedcommercial applicator's license until the applicant or theemployer of the applicant has furnished evidence of financialresponsibility with the director consisting either of a suretybond or a liability insurance policy or certification thereof,protecting persons who may suffer legal damages as a result ofthe operations of the applicant; except that, such surety bond orliability insurance policy need not apply to damages or injury tocrops, plants or land being worked upon by the applicant.
2. The amount of the surety bond or liability insurancerequired by this section shall be not less than twenty-fivethousand dollars for property damage and bodily injury insurance,each separately and for each occurrence. Such surety bond orliability insurance shall be maintained at not less than that sumat all times during the licensed period. The director shall benotified within twenty days prior to any reduction at the requestof the bond- or policyholder or any cancellation of such suretybond or liability insurance by the surety or insurer, as long asthe total and aggregate of the surety and insurer for all claimsshall be limited to the face of the bond or liability insurancepolicy. If the surety bond or liability insurance policy whichprovides the financial responsibility for the applicant isprovided by the employer of the applicant, the employer of theapplicant shall immediately notify the director upon thetermination of the employment of the applicant or when acondition exists under which the applicant is no longer providedbond or insurance coverage by the employer. The applicant shallthen immediately execute a surety bond or an insurance policy tocover the financial responsibility requirements of this sectionand shall furnish the director with evidence of financialresponsibility as required by this section. The director mayaccept a liability insurance policy or surety bond in the propersum which has a deductible clause in an amount not exceeding onethousand dollars; except that, if the bond- or policyholder hasnot satisfied the requirement of the deductible amount in anyprior legal claim, such deductible clause shall not be acceptedby the director unless the bond- or policyholder furnishes thedirector with a surety bond or liability insurance which shallsatisfy the amount of the deductible as to all claims that mayarise in his application of pesticides.
3. If the surety furnished becomes unsatisfactory, the bond-or policyholder shall, upon notice, immediately execute a newbond or insurance and if he fails to do so, the director shallcancel his license, or deny the license of an applicant, and givehim notice of cancellation or denial, and it shall be unlawfulthereafter for the applicant to engage in the business of usingpesticides until the bond or insurance is brought into compliancewith the requirements of subsection 1 of this section. If thebond- or policyholder does not execute a new bond or insurancepolicy within sixty days of expiration of such bond or policy,the licensee shall be required to satisfy all the requirementsfor licensure as if never before licensed.
4. Nothing in sections 281.010 to 281.115 shall be construedto relieve any person from liability for any damage to the personor lands of another caused by the use of pesticides even thoughsuch use conforms to the rules and regulations of the director.
Bond or insurance required--deductible clause accepted,when--new surety, when--liability, effect of chapter on.
281.065. 1. The director shall not issue a certifiedcommercial applicator's license until the applicant or theemployer of the applicant has furnished evidence of financialresponsibility with the director consisting either of a suretybond or a liability insurance policy or certification thereof,protecting persons who may suffer legal damages as a result ofthe operations of the applicant; except that, such surety bond orliability insurance policy need not apply to damages or injury tocrops, plants or land being worked upon by the applicant.
2. The amount of the surety bond or liability insurancerequired by this section shall be not less than twenty-fivethousand dollars for property damage and bodily injury insurance,each separately and for each occurrence. Such surety bond orliability insurance shall be maintained at not less than that sumat all times during the licensed period. The director shall benotified within twenty days prior to any reduction at the requestof the bond- or policyholder or any cancellation of such suretybond or liability insurance by the surety or insurer, as long asthe total and aggregate of the surety and insurer for all claimsshall be limited to the face of the bond or liability insurancepolicy. If the surety bond or liability insurance policy whichprovides the financial responsibility for the applicant isprovided by the employer of the applicant, the employer of theapplicant shall immediately notify the director upon thetermination of the employment of the applicant or when acondition exists under which the applicant is no longer providedbond or insurance coverage by the employer. The applicant shallthen immediately execute a surety bond or an insurance policy tocover the financial responsibility requirements of this sectionand shall furnish the director with evidence of financialresponsibility as required by this section. The director mayaccept a liability insurance policy or surety bond in the propersum which has a deductible clause in an amount not exceeding onethousand dollars; except that, if the bond- or policyholder hasnot satisfied the requirement of the deductible amount in anyprior legal claim, such deductible clause shall not be acceptedby the director unless the bond- or policyholder furnishes thedirector with a surety bond or liability insurance which shallsatisfy the amount of the deductible as to all claims that mayarise in his application of pesticides.
3. If the surety furnished becomes unsatisfactory, the bond-or policyholder shall, upon notice, immediately execute a newbond or insurance and if he fails to do so, the director shallcancel his license, or deny the license of an applicant, and givehim notice of cancellation or denial, and it shall be unlawfulthereafter for the applicant to engage in the business of usingpesticides until the bond or insurance is brought into compliancewith the requirements of subsection 1 of this section. If thebond- or policyholder does not execute a new bond or insurancepolicy within sixty days of expiration of such bond or policy,the licensee shall be required to satisfy all the requirementsfor licensure as if never before licensed.
4. Nothing in sections 281.010 to 281.115 shall be construedto relieve any person from liability for any damage to the personor lands of another caused by the use of pesticides even thoughsuch use conforms to the rules and regulations of the director.
