Safeco Insurance Co. of America v. Hastings (In Re Hastings)

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

The plaintiff, Safeco Insurance Company of America (“Safeco”), filed this adversary proceeding to determine dischargeability pursuant to 11 U.S.C. § 523(a)(4). On September 26, 2008, Safeco moved for summary judgment and filed a brief in support of same. Pursuant to Federal Rule of Civil Procedure 56(c) and Federal Rule of Bankruptcy Procedure 7056, summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to…