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The arguments of the parties center on whether the waiver of sovereign immunity found
in Code § 22.1-194 contains one prerequisite or two. The School Board argues that two
conditions must be satisfied for sovereign immunity to be waived under this statute: (1) a
vehicle owned or operated by a school board must be “involved in an accident” and (2) insurance
coverage must be available. The plaintiff responds that the statute contains only one prerequisite
for sovereign immunity to be waived and that is the existence of insurance coverage. The
plaintiff maintains that the statute does not require the involvement of a school board vehicle in
an accident.
In interpreting a statute, we seek “to effectuate the intent of the legislature as expressed
by the plain meaning of the words used in the statute.” Llewellyn v. White, 297 Va. 588, 595
(2019). Accordingly, we “appl[y] the plain language unless the words are ambiguous or such
application would render the law internally inconsistent or incapable of operation.” Id. In
addition, waivers of sovereign immunity are strictly construed. Carter, 267 Va. at 245 (citing
cases).
The plain language of Code § 22.1-194 contains two prerequisites for a waiver of
sovereign immunity. First, a “vehicle” owned, operated, or insured by a school board must be
“involved in an accident.” The waiver does not apply across the board to any situation covered
by an insurance policy; rather, it applies when the specified vehicles are “involved in an
accident.” We are not at liberty to ignore this language. Second, the waiver applies if there is
insurance coverage, and only to the extent of such coverage. Code § 22.1-194. Here, the parties
do not dispute that insurance coverage is available. However, we conclude that the waiver of
sovereign immunity does not apply because, in this instance, the bus was not a “vehicle involved
in an accident.” Jump to an indexed page (6 of 6)