Broussard v. United Services Contracting Co.

pLABORDE, Judge.

Plaintiff appeals the trial judge’s granting of a motion for summary judgment filed by the Louisiana Insurance Guaranty Association (LIGA). The trial court granted LIGA’s motion for summary judgment based on Luna v. American Building Systems, Inc., 620 So.2d 465 (La.App. 3d Cir.1993). In Luna, this court held that the 1989 amendment to La.R.S. 22:1379(8), which changed the definition of “insurance policy” to exclude from “direct insurance” a “cut through” agreement, was interpretive legislation and thus, applicable retroactively. Therefore, the trial court found LIGA could not…