XL Specialty Insurance Company v. Commonwealth of Virginia, Department of Transportation

FITZPATRICK, Chief Judge.

Appellant, XL Specialty Insurance Company (XL), argues that the trial court erred by: (1) granting the Commonwealth of Virginia, Department of Transportation’s (VDOT’s) motions to dismiss XL’s claims because they were barred by sovereign immunity and (2) failing to allow XL leave to amend its motions for judgment after VDOT’s defensive pleas had been sustained.1

We hold that the trial court properly dismissed XL’s claims based on sovereign immunity, as XL was not a party to the contract on which it brings this claim and there is no explicit waiver of sovereign immunity…