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: claims); see also Stewart, 104 N.M. at 748, 726 P.2d at 1378 (“An insurance policy is a contract and is generally governed by the law of contracts, and the rights and duties of the parties are to be determined by its terms.” (internal quotation marks and citation omitted)). Thus, we held that 8.75% was the proper interest to be assessed on the contract damages. {40} Like the trial court in Teague-Strebeck, the trial court in our case awarded damages based on the insurance contract— $100,000 in UM coverage. See 1999-NMCA-109, ¶¶63-64, 127 N.M. 603, 985 P.2d 1183 (observing that the plaintiff “was awarded the benefit of its bargain, the extent of insurance coverage promised by [the defendant’s agent]”); cf. Ellis v. Cigna Prop. & Cas. Cos., 1999-NMSC-034, ¶1, 128 N.M. 54, 989 P.2d 429 (<HOLDING>). We therefore conclude that 8.75% is the 
 Holding statements: (A) holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract (B) holding that this courts sixyear statute of limitations is jurisdictional (C) holding that sixyear statute of limitations in  65314 is applicable to violations of  7202 (D) recognizing a sixyear statute of limitations on claims filed under the coal act (E) holding that the sixyear statute of limitations on a written contract is applicable to a cause of action based on a um policy

Answer: holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract


Question: is minimized if officers exercise unquestioned command of the situation. Id., 129 S.Ct. at 786-87. Here, evidence supports the district court’s finding that Hollins’s behavior gave the police reasonable suspicion to believe that Hollins was armed and dangerous when they searched him. First, Hollins repeatedly refused to follow instructions to keep his hands in plain view, and he would slide his hands toward his waist while he was seated in the vehicle. Nervous, evasive behavior, which Hollins exhibited, is one of several factors which may be pertinent in determining reasonable suspicion. See United States v. Gordon, 231 F.3d 750, 756 (11th Cir.2000). Second, Hollins repeatedly refused to obey an officer’s instruction to exit the vehicle. See Maryland, 519 U.S. at 410, 117 S.Ct. at 884 (<HOLDING>). Third, Hollins repeatedly disregarded an 
 Holding statements: (A) holding that police officer may order passengers to remain in vehicle with hands up during traffic stop (B) holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop (C) holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous (D) holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction (E) holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred

Answer: holding that police officer may order passengers to remain in vehicle with hands up during traffic stop


Question: of Trs. of Univ. of Ill., 2011 WL 577108, at *5 (C.D.Ill.2011). This is a difficult burden for a plaintiff to meet. See Powers, 2011 WL 577108, at *5, citing Creative Trade Group, Inc. v. Int’l Trade Alliance, Inc., 2009 WL 3713345, at *6 (N.D.Ill.2009). Plaintiff has the ultimate burden of persuasion to demonstrate he is entitled to judgment on his claims as a matter of law. Powers, 2011 WL 577108, at *5. It has been recognized that “[sjummary judg ment in favor of the party with the burden of persuasion ... is inappropriate when the evidence is susceptible of different interpretations or inferences by the trier of fact.” Hunt v. Cromartie, 526 U.S. 541, 553, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999); see also Frobose v. Am. Sav. Loan Ass’n of Danville, 152 F.3d 602, 615 (7th Cir.1998) (<HOLDING>). II. DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT 
 Holding statements: (A) holding that trial court may not grant summary judgment by default  when the movants summary judgment proof is legally insufficient (B) recognizing that questions of intent and credibility make it difficult to grant summary judgment in favor of the party with the burden of proof (C) holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion (D) holding that movant is entitled to summary judgment when party with burden of proof fails to establish genuine fact issue (E) holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial

Answer:
holding that trial court may not grant summary judgment by default  when the movants summary judgment proof is legally insufficient