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Bill

SB 228

Localities; liability insurance, certain waiver of sovereign immunity.

2026 Regular Session Introduced by Scott Surovell

Virginia bill permits local governments to waive sovereign immunity when carrying liability insurance, allowing lawsuits up to policy limits instead of blanket protection from suit.

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (6-Y 5-N 3-A)
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Bill Summary · SB 228

Legislative bill overview

SB 228 would allow Virginia localities to waive sovereign immunity protections in cases where they maintain liability insurance coverage. Essentially, it permits local governments to be sued for damages up to their insurance policy limits in certain situations, removing the traditional legal shield that has protected municipalities from liability claims.

Why is this important

Sovereign immunity has historically prevented citizens from suing local governments for negligence or wrongful acts. This bill would create a pathway for compensation when localities choose to self-insure or purchase liability coverage, potentially affecting access to justice for injured parties while changing financial risk exposure for municipalities managing budgets.

Potential points of contention

  • Municipal fiscal impact: Local governments may face increased litigation and claims costs, raising property tax and service funding concerns if they waive immunity protections
  • Insurance requirements and standards: Unclear whether minimum coverage levels would be mandated, and whether adequate insurance availability exists for all Virginia localities
  • Scope ambiguity: The phrase "certain waiver" leaves undefined which circumstances trigger liability exposure versus retained immunity, creating legal uncertainty
  • Equal protection concerns: Different localities with varying insurance capacity could face unequal liability exposure, creating disparities in legal accountability across the state

Compiled from official sources — confirm details with the bill’s official record.

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