In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: See Ledley v. William Penn Life Ins. Co., 138 N.J. 627, 651 A.2d 92, 95 (1995). However, apart from any persuasive weight afforded the Ninth Circuit’s decision in C’Est Moi, NHIC proffers no case law specifically suggesting that common law doctrines such as uberrimae fidei and equitable fraud may not be modified or superseded by a contractual agreement between the insurer and the insured. On the contrary, as we have noted, a number of courts have embraced the ability of parties to contract around common law. See, e.g., King, 906 F.2d at 1540-41; Conn. Indem. Co., 390 F.Supp.2d at 166-67; Progressive N. Ins. Co., 314 F.Supp.2d at 829-30; see also, e.g., McBride v. Hartford Life & Accident Ins. Co., 2007 WL 5185293, at *18, 2007 U.S. Dist. LEXIS 16917, at **64-65 (E.D.Pa. Jan. 29, 2007) (<HOLDING>). 19 . NHIC points out that during a telephone 
 Holding statements: (A) holding an insurer has a right to rely on statements made in an insurance application (B) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (C) holding that insurance application clause modified federal common law governing misrepresentations because  once an insurer has entered into a policy by using an application form more favorable to the insured than the law provides it may not rely on a rule of law which is more stringent than the application form  quoting espinosa v guardian life ins 856 fsupp 711 717 dmass1994 (D) holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law (E) recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous
[EX A]: holding an insurer has a right to rely on statements made in an insurance application

[EX Q]: making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) (“Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor’s conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless.”); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is 
 Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge
[EX A]: holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify

[EX Q]: that the intent to cause physical injury was an element of the offense of third-degree assault so that he could formulate a defense to that charge. Because the complaint contains all the essential elements of the charge, it is valid. II. Next, the appellant argues that his rights were violated because the record does not reflect that he knowingly, intelligently, and voluntarily waived his right to counsel. The State argues that the appellant did not have a right to counsel. Therefore, it argues that no waiver was necessary. The appellant was convicted of third-degree assault, a Class A misdemeanor. See § 13A-6-22, Ala.Code 1975. The right to counsel does not attach in a misdemeanor case if “ ‘ “the de fendant is not sentenced to a term of imprisonment. If an uncouns a.Cr.App.1997) (<HOLDING>). Therefore, the appellant had a constitutional 
 Holding statements: (A) recognizing constitutional right to effective counsel (B) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (C) holding that culberson who had been sentenced to three suspended terms of imprisonment had a constitutional right to counsel (D) holding that a term of imprisonment begins at the time a prisoner is sentenced (E) holding that a conditionally suspended sentence of imprisonment cannot be imposed on an indigent in a misdemeanor case who is denied counsel
[EX A]:
recognizing constitutional right to effective counsel