Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-249.49 (Repealed effective October 1, 2008) Evidence of financial responsibility required of licensed pest...

§ 3.1-249.49. (Repealed effective October 1, 2008) Evidence of financial responsibility required of licensed pest...

The Board shall not issue a pesticide business license until the business has furnished evidence of financial responsibility, consisting of a liability insurance policy from a person authorized to do business in Virginia or a certification thereof, protecting persons who may suffer legal damages as a result of the use of any pesticide by the applicant. Such financial responsibility need not apply to damages or injury to agricultural crops, plants or property being worked upon by the applicant. The Board, by regulation, may establish and prescribe the conditions under which other means of meeting the financial responsibility herein of the applicant may be met.

The amount of such financial responsibility as provided for in this section shall be established by the Board, but shall be at minimum, $100,000 for property damage, and $100,000 for personal injury to or death of one person, and $300,000 per occurrence. The Board may accept a liability insurance policy containing a deductible clause in an amount which is usual and customary in the industry, with the provision that the insurer shall pay all claims in full, and the amount of the deductible shall be recoverable only from the insured. The Board may promulgate regulations governing the provision of additional evidence of financial responsibility based upon annual gross revenue of the applicant or his employer's business and an assessment of the risks of the applicant or his employer's business to persons, property and the environment. Such financial responsibility shall be maintained at not less than such amount at all times during the licensed period. The Board shall be notified ten days prior to any reduction at the request of the applicant or cancellation of such financial responsibility by the 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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Last modified: April 2, 2009