Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 5 - PREREQUISITES FOR LICENSING › Section 35:30-17-10 - Application insurance requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  Board shall not issue an applicator's license until the applicant or agent has
				  furnished evidence of financial responsibility. A liability insurance policy or
				  certification shall protect persons who may suffer legal damages as a result of
				  the pesticide operations of the applicant. The policy need not apply to damages
				  or injury to agricultural crops, plants, or land being worked on by the
				  applicant.
(b) With the exception
				  of aerial pesticide applicators, pesticide applicators obtaining liability
				  insurance pursuant to this section shall file a certificate of insurance with
				  the Department, verifying insurance in an amount of not less than $50,000
				  bodily injury, $100,000 bodily injury per occurrence, and $50,000 property
				  damage. The provisions of this section with regard to "per occurrence" are
				  specifically intended to be interpreted per occurrence, rather than per
				  claimant. The insurance obtained pursuant to this section shall insure against
				  liability for damage, loss, or injury, including chemical drift or trespass,
				  suffered by any person or persons, resulting from the application of any
				  pesticide. A current certificate of insurance shall be filed with each initial
				  and subsequent renewal registration.
(c) Aerial pesticide applicators obtaining
				  liability insurance pursuant to this section shall file a certificate of
				  insurance with the Department, verifying insurance in an amount of not less
				  than $100,000 bodily injury, $300,000 bodily injury per occurrence, and
				  $100,000 property damage. The provisions of this section with regard to "per
				  occurrence" are specifically intended to be interpreted per occurrence, rather
				  than per claimant. The insurance obtained pursuant to this section shall insure
				  against liability for damage, loss, or injury, including chemical drift or
				  trespass, suffered by any person or persons, resulting from the application of
				  any pesticide. A current certificate of insurance must be filed with each
				  initial and subsequent renewal registration.
(d) Liability insurance shall be maintained
				  at all times during the licensed period. The Board shall be notified by the
				  insurer fifteen (15) days prior to any applicant's request for a reduction or
				  cancellation of the liability insurance. The total and the aggregate of the
				  insurer for all claims shall be limited to the face amount of the liability
				  insurance policy. The Board may accept a liability insurance policy with a
				  deductible clause in an amount not exceeding $5,000 for all applicators. If the
				  applicant has not satisfied the requirement of the deductible amount in any
				  prior legal claim, the deductible clause shall not be accepted by the Board
				  unless the applicant has furnished the Board with additional liability
				  insurance which satisfies the amount of the deductible.
(e) The Department may approve a liability
				  self-insurance policy with a deductible clause that exceeds the requirements of
				  subsection (d) of this section if the applicant has:
(1) Been continuously engaged in business for
				  not less than three (3) years immediately preceding the application;
(2) At least one hundred (100) employees (all
				  states included); and
(3) At least
				  One Million Dollars ($1,000,000.00) in net assets.