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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: an insurer to await the filing of a complaint against its insured will force insurers to defend claims that are unlikely to result in a duty to indemnify. We recognize the reality of Patrons’s concerns. We conclude, however, that the rationale supporting the comparison test outweighs those concerns. See Dingwell, 414 A.2d at 227. “We have always recognized that the application of the comparison test will occasionally requ dgment action before the injured claimant filed an action against the insured. Dolley, 669 A.2d at 1321. Rather than rejecting the action on ripeness grounds, we determined the insurer’s duly to defend vel non on the basis of what the corn-plaint might have alleged, in view of the parties' stipulation. Id. at 1323. 5 . See State Mut. Ins. Co. v. Bragg, 589 A.2d at 38 (<HOLDING>); Perreault v. Maine Bonding & Cas. Co., 568 
 Holding statements: (A) holding insurers duty to defend is determined by allegations in the petition (B) holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor (C) holding that an insurers duty to defend arises from the allegations in the complaint against the insured (D) holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss (E) holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend
[A]: (E)


[Q]: and reimbursement claim based on the plan. Looking to FEHBA’s legislative history, the Court of Appeals for the Eighth Circuit concluded that the purpose of FEHBA was to establish health insurance for federal employees and that insurance carriers “help the government fulfill the basic task of establishing a health benefits program for federal employees.” Id. at 1233. The Jacks court concluded that OPM “has direct and extensive control over these benefit contracts under the FEHBA.” The court determined that even though the plan “allows the carrier the discretion to pursue subrogation,” that “does not foreclose the application of the federal officer removal statute” because “the subrogation provision is necessarily a product of the benefit payment pro F.Supp.2d 848 (W.D.Mo.2011) (<HOLDING>); Van Horn v. Arkansas Blue Cross and Blue 
 Holding statements: (A) holding that health insurer contracted with fehba was not acting under a federal agency within the meaning of the federal officer removal statute (B) holding that the fact that the insurance carrier voluntarily entered into a mutually agreed upon contract with the opm to administer healthcare benefits to federally employed enrollees does not rise to the level of a relationship defined as acting under a federal officer  (C) holding that a health plan insurer contracting with a government agency under a federal benefits program is considered a person acting under a federal officer (D) holding that the special relationship exception does not apply to the relationship between a student and a school (E) holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract
[A]: (B)


[Q]: proceeding”). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, “[T]he judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted”). Appellant’s and Sanchez’s after-the-fact, out-of-court averrals about appellant’s ability to understand the proceedings and waivers he signed were untimely factual statements in appellant’s self-interest. Even though the State did not offer affidavits to controvert appellant’s and Sanchez’s affidavits, it was within the trial court’s discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in 
 Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record
[A]:
(E)