2006 Code of Virginia § 3.1-249.49 - Evidence of financial responsibility required of licensed pesticide business

3.1-249.49. Evidence of financial responsibility required of licensedpesticide business.

The Board shall not issue a pesticide business license until the business hasfurnished evidence of financial responsibility, consisting of a liabilityinsurance policy from a person authorized to do business in Virginia or acertification thereof, protecting persons who may suffer legal damages as aresult of the use of any pesticide by the applicant. Such financialresponsibility need not apply to damages or injury to agricultural crops,plants or property being worked upon by the applicant. The Board, byregulation, may establish and prescribe the conditions under which othermeans of meeting the financial responsibility herein of the applicant may bemet.

The amount of such financial responsibility as provided for in this sectionshall be established by the Board, but shall be at minimum, $100,000 forproperty damage, and $100,000 for personal injury to or death of one person,and $300,000 per occurrence. The Board may accept a liability insurancepolicy containing a deductible clause in an amount which is usual andcustomary in the industry, with the provision that the insurer shall pay allclaims in full, and the amount of the deductible shall be recoverable onlyfrom the insured. The Board may promulgate regulations governing theprovision of additional evidence of financial responsibility based uponannual gross revenue of the applicant or his employer's business and anassessment of the risks of the applicant or his employer's business topersons, property and the environment. Such financial responsibility shall bemaintained at not less than such amount at all times during the licensedperiod. The Board shall be notified ten days prior to any reduction at therequest of the applicant or cancellation of such financial responsibility bythe insurer.

(1975, c. 377; 1981, c. 260; 1984, c. 272; 1987, cc. 258, 291, 3.1-249.9;1989, c. 575; 1993, c. 773.)

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