3.2-3927 - Evidence of financial responsibility required of licensed pesticide business.
§ 3.2-3927. Evidence of financial responsibility required of licensedpesticide business.
A. The Board shall not issue a pesticide business license until the businesshas furnished evidence of financial responsibility, consisting of a liabilityinsurance policy from a person authorized to do business in the Commonwealththat protects persons who suffer legal damages as a result of the use of anypesticide by the applicant. Financial responsibility need not apply todamages or injury to agricultural crops, plants, or property being workedupon by the applicant. The Board by regulation may establish and prescribethe conditions for financial responsibility.
B. The amount of financial responsibility shall be established by the Boardat a minimum of $100,000 for property damage; $100,000 for personal injury toor death of one person; and $300,000 per occurrence. The Board may accept aliability insurance policy containing a deductible clause in an amountconsidered usual and customary in the industry, with the provision that theinsurer shall pay all claims in full and that the amount of the deductibleshall be recoverable only from the insured. The Board may adopt regulationsgoverning the provision of additional evidence of financial responsibilitybased upon annual gross revenue of the applicant or his employer's businessand an assessment of the risks of the applicant or his employer's business topersons, property, and the environment. Such financial responsibility shallbe maintained at not less than such amount at all times during the licensedperiod. The applicant shall notify the Board 10 days prior to any reductionat the request of the applicant or cancellation by the insurer.
(1975, c. 377, § 3.1-249.9; 1981, c. 260; 1984, c. 272; 1987, cc. 258, 291;1989, c. 575, § 3.1-249.49; 1993, c. 773; 2008, c. 860.)