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

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judge Benton and Retired Judge Bumgardner∗ Argued at Richmond, Virginia XL SPECIALTY INSURANCE COMPANY OPINION BY v. Record No. 0628-04-2 CHIEF JUDGE JOHANNA L. FITZPATRICK JANUARY 17, 2006 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Theodore J. Markow, Judge Andrew J. Terrell (Jane Saindon Dudley; Robert F. Carney; Whiteford, Taylor & Preston, LLC, on briefs), for appellant. Richard Tyler McGrath, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General;…