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. 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.
PROBLEM: are reasonably susceptible to two different interpretations, and therefore are ambiguous. See Westchester Surplus Lines Ins. Co. v. Keller Transp., Inc., 382 Mont. 72, 365 P.3d 465, 470 (Mont. 2016). Montana law construes ambiguous provisions “against the insurer and in favor of extending coverage.” Id. We therefore reject United Fire’s argument that the Premises Endorsements limit coverage to incidents that occurred on the St. George premises. Because the Premises Endorsements purport to cover claims “arising out of ... the use of’ the St. George premises, they are sufficiently capacious to include coverage for bodily injury in Montana that flows from or grows out of the use of the St. George premises. See State Farm Mut. Auto. Ins. Co. v. Ferrin, 311 Mont. 155, 54 P.3d 21, 23 (2002) (<HOLDING>). Thus, United Fire had a duty to defend 
 Holding statements: (A) holding that an arising out of exclusion applies to claims flowing from or growing out of the excluded activity (B) holding that the phrase arising out of the use is ambiguous and interpreting it as originating from or growing out of or flowing from (C) holding that insurance provisions excluding damage arising out of the use of land motor vehicles subject to registration and damage arising out of the use of land motor vehicles if the injury or damage occurs away from the insured premises were ambiguous because together they could be read in four different ways (D) holding claim for injuries arising out of use of truck and not from negligent supervision excluded from coverage by auto exclusion in commercial general liability policy no claim that language in policy was ambiguous or unclear (E) holding phrase arising out of the ownership maintenance or use of a motor vehicle as contained in um policy should be given same interpretation as in automobile liability policies

SOLUTION: holding that an arising out of exclusion applies to claims flowing from or growing out of the excluded activity

PROBLEM: 1024-25 (Bankr.S.D.Fla.1996) (J. Mark) (discussing the split of authority and explaining that Congress codified the result of In re Bobroff, 766 F.2d 797 (3d Cir.1985) which encouraged the use of debt repayment plans by ensuring that property acquired post-petition would not be subject to creditors’ claims if Chapter 13 proved unsuccessful). Courts which held that property acquired post-petition must be property of the Chapter 7 estate after conversion did so because they believed such policy was “necessary to discourage strategic, opportunistic behavior that hurts creditors without advancing any legitimate interests of the debtors.” In re Lybrook, 951 F.2d 136, 137 (7th Cir.1991). Lybrook, In re Colder, 973 F.2d 862 (10th Cir.1992), and In re Lindberg, 735 F.2d 1087 (8th Cir.1984) (<HOLDING>), base their results on policy concerns that 
 Holding statements: (A) holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes (B) holding for  1983 actions that although state law determines the limitations period federal law determines when the claim arises (C) holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur (D) holding that date of conversion determines what exemptions apply (E) holding that federal courts sitting in diversity should apply state law that determines the outcome of the case

SOLUTION: holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes

PROBLEM: has not determined that the State or Tribe has authority over the site of the proposed Lake Andes landfill. The EPA Region VIII developed an alternative mechanism to allow the District to seek the waiver directly from the Region. The waiver was received on October 6,1995. The EPA has reviewed the District’s application and has made a tentative decision to approve their waiver. (Admin.Ree. at 1160.) The agency intended to, and did create, a new right in the District under these circumstances to petition the agency directly, and thus, the agency’s “alternative mechanism” is properly considered to be a legislative rule subject to the APA’s notice and comment procedures rather than an interpretative rule. Cf General Motors Corp. v. Ruckelshaus, 742 F.2d 1561, 1565 (D.C.Cir.1984) (en banc) (<HOLDING>), cert. denied, 471 U.S. 1074, 105 S.Ct. 2153, 
 Holding statements: (A) holding that epa rule relating to repair of cars not in compliance with clean air act was interpretative not legislative rule and thus not subject to apa notice and comment procedures (B) holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed (C) holding the epa could regulate air pollutants under the clean air act solely on the basis of the pollutants risk to human health (D) holding that defendant could not be sanctioned and found to have violated the clean air act when it complied with regu lations as codified despite having knowledge that the epa requested amendment of the regulations to prohibit defendants conduct (E) holding for a citizen suit brought under a substantially identical provision of the clean air act that whether plaintiffs have established a nondiscretionary duty to act by the epa is a merits question under rule 12b6 rather than a subjectmatter jurisdiction question under rule 12b1

SOLUTION:
holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed