instruction:
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.
question:
CURIAM. Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, finding that the sentence imposed under the unconstitutional 1995 sentencing guidelines could have been imposed under the valid 1994 guidelines. Unfortunately, the trial court failed to attach the relevant portions of the record to support this finding, which ordinarily would require reversal. See, e.g., Moore v. State, 741 So.2d 577 (Fla. 5th DCA 1999) (<HOLDING>). However, appellant failed to allege that the 
 Holding statements: (A) holding that when a movant successfully challenges an illegal prr sentence in a rule 3800a motion at resentencing the movant is entitled to be present at sentencing represented by counsel with an opportunity to present mitigating evidence (B) holding that burden is on trial court denying a facially sufficient rule 3800a motion to attach record establishing movant is not entitled to relief (C) holding motion for substitution of judge properly denied where movant failed to attach affidavit (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that a rule 3800a motion that does not allege that the court records show the defendants entitlement to additional jail credit is facially insufficient
answer:
(B)


question:
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
answer:
(E)


question:
between Liberty Mutual and Frankenmuth. See Rodgers Builders, 76 N.C. App. at 29, 331 S.E.2d at 734 (“Although James McQueen was not named as a party to the arbitration, it is clear that he had a strong financial interest in the determination of the issues there because of his ownership interests in McQueen Properties and Parkhill Associates, and that he was an active and controlling participant in the arbitration. He thus is bound by the judgment entered on the arbitration award just as if he were a named party to the proceeding.”); see also Levin-Townsend Computer Corp. v. Holland, 29 A.D.2d 925, 92 lled, participated in, or even had notice of the arbitration proceedings in this case. See Baldwin v. Brooks, 83 A.D.2d 85, 85-90, 443 N.Y.S.2d 906, 907-10 (N.Y. App. Div. 1981) (<HOLDING>). The trial court, therefore, erred in granting 
 Holding statements: (A) holding arbitration decision disallowing insurers coverage defense binding in subsequent personal injury action where the issue was actually litigated and decided in prior action (B) holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action (C) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (D) holding that driver was not bound in subsequent personal injury case by prior arbitration decision that plaintiffs injuries were related to auto accident because driver was not in privity with his insurance carrier and did not participate in arbitration (E) holding that plaintiffs personal injury action against other driver in auto accident was not precluded by arbitration award between insurance carriers regarding damage to plaintiffs car because plaintiff did not participate in or control arbitration was not a party to arbitration agreement did not adopt agreement or attempt to benefit from agreement
answer:

(D)