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:
to obtain the benefit of the bond, for which it paid a significant premium, only through legal action. Accordingly, Olympic Steamship applies here. Colorado Structures, 125 Wn. App. at 928 (emphasis added) (footnote omitted). We agree. ¶27 Lastly, in McGreevy, where this court awarded reasonable attorney fees in addition to the limits of the insurance policy, we reasoned, “when an insurer unsuccessfully contests coverage, it has placed its interests above the insured. Our decision in Olympic Steamship remedies this inequity by requiring that the insured be made whole.” McGreevy, 128 Wn.2d at 39-40. Likewise, West placed “its interests” above that of Structures. Id. Structures should be awarded attorney fees under Olympic Steamship, so as to be made “whole.” Dayton, 124 Wn.2d at 280 (<HOLDING>)- Without the application of Olympic Steamship 
 Holding statements: (A) holding the contract was not authorized by law (B) recognizing that under georgia law attorneys fees are allowed where authorized by statute or contract (C) holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case (D) holding that an award of attorney fees was authorized by ocga  13111 a 3 when the requirements of that statute were satisfied (E) holding that a court has power to award attorney fees when authorized by contract statute or recognized ground of equity
answer:
(E)


question:
Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977
answer:
(B)


question:
came from co-conspirators who had either entered into cooperation agreements providing for reduced sentences or who anticipated that their truthful testimony would bring about leniency in sentencing. Since the testimony of such witnesses here and in Calderon was subject to heavy attack as to believability, obviously in each case it is difficult to prove the negative that the government had no need to introduce evidence of the accused’s prior drug activity to establish his intent. Calderon, 127 F.3d at 1332. Defendant suggests that the two 1998 convictions are too remote to be admissible as 404(b) evidence. At the time of the trial in 2003, the 1998 convictions were five years old. Our holdings do not support this argument. U.S. v. Pollock, 926 F.2d 1044, 1047, 1048 (11th Cir.1991) (<HOLDING>) Calderon, 127 F.3d at 1332 (a six-year span 
 Holding statements: (A) holding that a state conviction is a drug trafficking offense because the trafficked drug is listed in a csa schedule (B) holding that evidence of prior drug transactions was admissible under rule 404b to show inter alia intent to enter into the drug conspiracy and knowledge of the conspiracy (C) holding that in certain circumstances where a defendant is convicted of a charge alleging a conspiracy to distribute one drug or another he must be sentenced as if the conviction were only for a conspiracy involving the drug that triggers the lowest statutory sentencing range (D) holding that drug use is not probative of character for truthfulness (E) holding a fiveyear old drug conviction is probative of a defendants state of mind in a drug conspiracy case
answer:

(E)