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IN RE BAIRD

No. 07-4282.

567 F.3d 1207 (2009)

In re Ronald Lavar BAIRD and Janel Jensen Baird, Debtors. Robert and Paea Olah, individually and on behalf of Olena Olah, a minor, Plaintiffs-Appellants, v. Ronald Lavar Baird; J. Kevin Bird in his capacity as Trustee of the bankruptcy estate of Ronald Lavar Baird; and Utah Medical Insurance Association, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 3, 2009.

Attorney(s) appearing for the Case

Joel T. Marker (Jamie L. Nopper, McKay, Burton & Thurman, Salt Lake City, UT, and David R. Olson and Ruth Lybbert, Dewsnup, King & Olson, Salt Lake City, UT, with him on the brief), McKay, Burton & Thurman, Salt Lake City, UT, for Plaintiffs-Appellants.

Michael R. Johnson (David H. Leigh, Snell & Wilmer LLP, Salt Lake City, UT, Shawn McGarry and Nan T. Bassett, Kipp & Christian, Salt Lake City, UT, for appellee Ronald L. Baird; George A. Hunt, Williams & Hunt, Salt Lake City, UT, for appellee Utah Medical Insurance Corporation, with him on the brief), Snell & Wilmer LLP, Salt Lake City, UT, for Defendants-Appellees.

Before McCONNELL, EBEL and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

Robert and Paea Olah sued Dr. Robert Baird for malpractice, based on alleged injuries to their daughter. While the state malpractice litigation was still in pretrial stages, Dr. Baird declared bankruptcy. The Olahs asked the trustee of Dr. Baird's bankruptcy estate to "sell" them Dr. Baird's right to consent to settlement under his medical liability insurance policy. The trustee balked, writing that by the terms of the insurance contract...

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