2005 Missouri Revised Statutes - § 281.065. — 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 certified commercial applicator's license until the applicant or the employer of the applicant has furnished evidence of financial responsibility with the director consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant; except that, such surety bond or liability insurance policy need not apply to damages or injury to crops, plants or land being worked upon by the applicant.

2. The amount of the surety bond or liability insurance required by this section shall be not less than twenty-five thousand dollars for property damage and bodily injury insurance, each separately and for each occurrence. Such surety bond or liability insurance shall be maintained at not less than that sum at all times during the licensed period. The director shall be notified within twenty days prior to any reduction at the request of the bond- or policyholder or any cancellation of such surety bond or liability insurance by the surety or insurer, as long as the total and aggregate of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy. If the surety bond or liability insurance policy which provides the financial responsibility for the applicant is provided by the employer of the applicant, the employer of the applicant shall immediately notify the director upon the termination of the employment of the applicant or when a condition exists under which the applicant is no longer provided bond or insurance coverage by the employer. The applicant shall then immediately execute a surety bond or an insurance policy to cover the financial responsibility requirements of this section and shall furnish the director with evidence of financial responsibility as required by this section. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding one thousand dollars; except that, if the bond- or policyholder has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the director unless the bond- or policyholder furnishes the director with a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides.

3. If the surety furnished becomes unsatisfactory, the bond- or policyholder shall, upon notice, immediately execute a new bond or insurance and if he fails to do so, the director shall cancel his license, or deny the license of an applicant, and give him notice of cancellation or denial, and it shall be unlawful thereafter for the applicant to engage in the business of using pesticides until the bond or insurance is brought into compliance with the requirements of subsection 1 of this section. If the bond- or policyholder does not execute a new bond or insurance policy within sixty days of expiration of such bond or policy, the licensee shall be required to satisfy all the requirements for licensure as if never before licensed.

4. Nothing in sections 281.010 to 281.115 shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the director.

(L. 1974 S.B. 431 § 12, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90