Travelers Casualty & Surety Co. of America v. Arkansas State Highway Commission

Annabelle Clinton Imber, Justice.

This case involves an interpretation of sovereign immunity as guaranteed by Article 5, section 20, of the Arkansas Constitution. Appellant Travelers Casualty and Surety Company of America (Travelers) filed a declaratory judgment action against the Arkansas State Highway Commission and the Arkansas State Highway and Transportation Department (referred to hereinafter collectively as “the Highway Commission”) in order to determine whether it was liable on a surety performance bond with the Highway Commission after the principal had allegedly defaulted on a…