206.13  Surety bond or insurance required of commercial applicator.

The secretary shall not issue a commercial applicator's license as required in section 206.6 until the applicant has furnished evidence of financial responsibility with the secretary consisting either of a surety bond or a liability insurance policy or certification thereof. Such surety bond or liability insurance policy shall provide coverage to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages as a result of the pesticide operations of the applicant. However, the surety bond or liability insurance policy will not apply to damages or injury which are either expected or intended from the standpoint of the insured. Any such liability insurance policy shall be subject to the insurer's policy provisions filed with and approved by the commissioner of insurance. The surety bond or liability insurance policy submitted as evidence of financial responsibility need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant.

The amount of the surety bond or liability insurance as provided for in this section shall be not less than fifty thousand dollars for property damage and public liability insurance, each separately. Such surety bond or liability insurance shall be maintained at not less than that sum at all times during the licensed period. The secretary shall be notified ten days prior to any reduction at the request of the applicant or cancellation of such surety bond or liability insurance by the surety or insurer. 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.

Section History: Early form

  [C75, 77, 79, 81, § 206.13]

Internal References

  Referred to in § 206.6

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