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.
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Question: 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specifically suggesting that common law doctrines such as uberrimae fidei and equitable fraud may not be modified or superseded by a contractual agreement between the insurer and the insured.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

Answer: holding an insurer has a right to rely on statements made in an insurance application


Question: where the-plaintiff seeks to subject private parties to § 1983 liability by bestowing on them the title of state actors. The instant case does not involve a situation where the State has “ ‘so far insinuated itself into a position of interdependence with the [private party] that it was a joint participant in the enterprise.’ ” Harvey, 949 F.2d at 1131 (quoting NBC ¶. Communications Workers of Am., AFL-CIO, 860 F.2d 1022, 1026 (11th Cir.1988) (citation omitted)). The Eleventh Circuit in Harvey, confronting facts similar to the case at bar and the issue of whether involuntary commitment by private parties may be considered state action, found an insufficient nexus between the defendants, a private hospital and private physicians, and the State. See id.; see also Rockwell, 26 F.3d at 258 (<HOLDING>). The court observed that “[b]oth the Supreme 
 Holding statements: (A) holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test (B) holding that massachusetts statute did not create a sufficiently close nexus between private hospital and the state to warrant labeling private actors state actors (C) holding that foster parents are not state actors (D) holding private actors are not acting under the color of state law for the purposes of section 1983 liability (E) holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action

Answer: holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test


Question: possessed plenary powers of taxation. They could tax the property of their citizens in such manner and to such extent as they saw fit.”); id. at 621 (“The founders anticipated that the expenditures of the States, their counties, cities, and towns, would chiefly be met by direct taxation on accumulated property.”); M’Culloch v. State, 17 US 316, 428, 4 L Ed 579 (1819) (“[T]he power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised * * * to the utmost extent to which the government may chuse to carry it.”); id. (“The people of a State, therefore, give to their government a right of taxing themselves and their property.”); see also Curtis v. Dept. of Rev., 17 OTR 414 (2004), aff'd, 338 Or 579, 112 P3d 330 (2005) (<HOLDING>). “Indeed, Oregon has imposed such a tax from 
 Holding statements: (A) holding that the contracts clause article i section 10 clause 1 to the united states constitution does not apply to the actions of the federal government (B) holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution (C) holding that the federal constitution does not require states to permit unlimited absentee voting (D) holding that because the due process clause in the federal constitution is applicable to the states under the fourteenth amendment the right is also guaranteed to defendants pursuant to the identical provision in article i section 5 of the hawaii constitution (E) holding that under the federal constitution the states retained unlimited authority in matters of taxation except where trumped by for instance the commerce clause

Answer:
holding that the contracts clause article i section 10 clause 1 to the united states constitution does not apply to the actions of the federal government