Title 2, Chapter 7, Section 103
( 2-7-103)
(a) Required. The Commissioner shall not issue a pesticide
contractor's license until the applicant has furnished evidence of
financial responsibility with the Commissioner, consisting either of
a surety bond, a liability insurance policy, or a cash deposit or
certification thereof, protecting persons who may suffer legal
damages as a result of the operation of the applicant, provided that
such surety bond, liability insurance policy, or cash deposit need
not apply to damages or injury to agricultural crops, plants, or
land being worked upon by the applicant. (b) Amount; notice of reduction or cancellation by surety or
insurer. The amount of surety bond, liability insurance, or cash
deposit provided for in this Code section shall be set by
regulation. Such surety bond, liability insurance, or cash deposit
shall be maintained at not less than the minimum set by regulation
at all times during the license period. The Commissioner shall be
notified ten days prior to any reduction made at the request of the
applicant or any cancellation of such surety bond or liability
insurance by the surety or insurer. The total and aggregate
liability of the surety and insurer for all claims shall be limited
to the face of the bond or liability insurance policy or cash
deposit. The Commissioner may accept a liability insurance policy,
surety bond, or cash deposit in the proper sum, which has a
deductible clause in an amount not exceeding $1,000.00 for aerial
contractors and $500.00 for all other contractors, for the total
amount of liability insurance, surety bond, or cash deposit
required, provided that if the applicant has not satisfied the
requirement of the deductible amount in any prior legal claim, such
deductible clause shall not be accepted by the Commissioner, unless
such applicant furnishes the Commissioner with a surety bond,
liability insurance, or cash deposit which shall satisfy the amount
of the deductible as to all claims that may arise in his application
of pesticides. In the event that any contractor has an unpaid and
outstanding judgment against him as a result of damages caused to a
second party by the misuse of pesticides, he must provide a bond in
an amount acceptable to the Commissioner before he can be licensed
or relicensed. (c) Personal liability for damage. Nothing in this article 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
Commissioner. |