TASK DEFINITION: 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.
PROBLEM: interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North 
 Holding statements: (A) holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration (D) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc  1291 (E) holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction

SOLUTION: (C)

PROBLEM: customs and practices of the trade could conclude that WQIS’s liability under Coverage C ceased once the Coverage A limit was reached. See Morgan Stanley, 225 F.3d at 275 (describing when a contract provision is ambiguous). First, the phrase “liabilities covered” in the Coverage C insuring provision could reasonably be read to refer only to liabilities that WQIS was required to cover under Coverage A, that is, up to $5 million per vessel. Under this interpretation, any liability above $5 million was not “covered,” and - therefore defense costs incurred with respect to liabilities above $5 million did not arise from “liabilities covered.” See Stonewall Ins. Co. v. Asbestos Claims Mgmt. Corp., 73 F.3d 1178, 1219 (2d Cir. 1995), modified on other grounds by 85 F.3d 49, 51 (2d Cir. 1996) (<HOLDING>). A reasonable person could conclude that once 
 Holding statements: (A) holding that costs are not fixed until judgment is entered and interest can only run on costs when due (B) holding that allied may not be held liable for portion of attorneys fees paid pretender of defense due to policy provision precluding reimbursement for defense costs voluntarily incurred (C) holding that trustee and personnel liability policy only covered the trustees and not the school itself (D) holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the  insurance policy (E) holding where an insurance policy indemnifies defense costs paid as a result of occurrences covered that the insurer need only reimburse defense costs for claims that are established to be covered through judgment and settlement and not for claims only potentially falling within the policys coverage

SOLUTION: (E)

PROBLEM: is expressly so despite the statutory authority of any federal agency “to sue and be sued.” See Bor-Son Bldg. Corp. v. Heller, 572 F.2d 174, 177 (8th Cir. 1978) (12 U.S.C. § 1702); Freeling v. FDIC, 221 F.Supp. 955, 956-57 (W.D.Okla.1962), aff’d on basis of district court’s opinion, 326 F.2d 971 (10th Cir. 1963). In Bor-Son Building Corp. v. Heller, 572 F.2d 174 (8th Cir. 1978), this court reasoned that the FTCA is the exclusive remedy if: (1) the suit is against a federal agency; and (2) the suit sounds in tort. 572 F.2d at 177. The instant case meets both requirements. First, it is not disputed that the SBA is a “federal agency” within the meaning of section 2671 of the FTCA. 15 U.S.C. § 633; see also SBA v. McClellan, 364 U.S. 446, 448-50, 81 S.Ct. 191, 194, 5 L.Ed.2d 200 (1960) (<HOLDING>). Second, it should be readily apparent that 
 Holding statements: (A) holding that a sole proprietorship was not a separate legal entity capable of being sued under ohio law (B) holding that a tree is part of a public facility if a public entity incorporates it into a facility in such a manner that it 1 becomes an integral part of the facility and 2 is essential for the intended use of the facility (C) holding sba is an integral part of federal government and is not a separate legal entity (D) holding that a formal report is not required when determining causation is an integral part of treating a patient (E) holding that an unincorporated association is a legal entity and therefore can own property

SOLUTION:
(C)