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XL SPECIALTY INS. CO. v. DEPT. OF TRANSP.

Record No. 041271.

611 S.E.2d 356 (2005)

269 Va. 362

XL SPECIALTY INSURANCE COMPANY v. COMMONWEALTH of Virginia, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Virginia.

April 22, 2005.

Attorney(s) appearing for the Case

Andrew J. Terrell, Washington, DC; Robert F. Carney, Baltimore, MD (Jane Saindon Dudley; Whiteford, Taylor & Preston, on briefs, Washington, DC), for appellant.

Richard Tyler McGrath, Senior Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen.; Judith Williams Jagdmann, Deputy Atty. Gen.; Steven O. Owens, Senior Asst. Atty. Gen., on brief), for appellee.

The Surety Ass'n of America (Edward G. Gallagher; Wickwire Gavin, on brief), Vienna, amicus curiae in support of appellant.

Present: All the Justices.

ELIZABETH B. LACY, Justice.

XL Specialty Insurance Company (XL), the surety on performance and payment bonds issued for two highway construction contracts, appealed the judgments of the circuit court holding that sovereign immunity barred XL's breach of contract actions against the Virginia Department of Transportation (VDOT). The Court of Appeals of Virginia transferred the appeals to this Court pursuant to Code § 8.01-677.1. In addition to assigning error to...

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