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: appealed the judgment of the Court of Veterans Appeals to this court. On appeal the Secretary contends that the Court of Veterans Appeals erred by not deferring to the Department’s reasonable interpretation of the statutory provisions governing claims for accrued benefits. The Secretary also disputes Mrs. Jones’s assertion that this court lacks jurisdiction to hear this appeal. ANALYSIS I. Jurisdiction to hear appeals from final decisions of the Court of Veterans Appeals is conferred upon this court by 38 U.S.C. § 7292 (1994). Under the express terms of that statute, however, we “may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.” 38 U 625, 110 S.Ct. 2658, 2663-64, 110 L.Ed.2d 563 (1990) (<HOLDING>). Accordingly, we have jurisdiction to hear 
 Holding statements: (A) holding that a district courts remand order effectively invalidating certain regulations of the secretary of health and human services was an immediately appealable order (B) holding sanctions order pursuant to district courts inherent powers not immediately appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding that the denial of a motion to remand is interlocutory and not immediately appealable (E) holding such denial to be an immediately appealable collateral final order

Answer: holding sanctions order pursuant to district courts inherent powers not immediately appealable


Question: 558, 563, 564 S.E.2d 94, 96 (2002). DISCUSSION Moody argues the circuit court erred in granting Dairy-land’s motion for summary judgment, asserting Dairyland did not make a meaningful offer of UIM coverage because it failed to offer coverage in amounts less than the statutory minimum limits. We disagree. “The cardinal rule of statutory construction is to ascertain and effectuate the intent of the legislature.” Hawkins v. Bruno Yacht Sales, 353 S.C. 31, 40, 577 S.E.2d 202, 207 (2003).. Moreover, “[w]here the terms of the statute are clear, [this Court] must apply those terms according to their literal meaning.” Brown v. South Carolina Dep’t of Health & Envtl. Control, 348 S.C. 507, 515, 560 S.E.2d 410, 414 (2002); see also Rowe v. Hyatt, 321 S.C. 366, 369, 468 S.E.2d 649, 650 (1996) (<HOLDING>). In relevant part, section 38-73-470 provides 
 Holding statements: (A) holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning (B) holding that we must give the words in statutes their plain and ordinary meaning (C) holding when interpreting a statute words must be given their plain and ordinary meaning without resorting to subtle or forced construction to limit or expand the statutes operation (D) holding that where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation (E) holding that statutory words must be given their ordinary contemporary meaning

Answer: holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning


Question: the Insureds paid their own defense counsel millions of dollars in attorneys’ fees prior to August 29, 2001, two years before the date on which the Insureds filed this suit. Despite the Insureds’ requests for reimbursement, Lexington reimbursed the Insureds less than $330,000 of their defense costs, and did not make any reimbursement payments until 1999. Because Lexington denied coverage and the Insureds allegedly incurred millions of dollars in damages, sufficient facts existed for the Insureds to seek a judicial remedy based on their claims for negligence and negligent-misrepresentation and their claims for violations of article 21.21 of the Texas Insurance Code. See Abe’s Colony Club, Inc. v. C & W Underwriters, Inc., 852 S.W.2d 86, 90-91 (Tex.App.-Fort Worth 1993, writ denied) (<HOLDING>). Therefore, the Insureds’ second sub-issue 
 Holding statements: (A) holding that cases in which only issue was liability above the policy limits were not on point in case in which insured sought damages for expenses it incurred in defending thirdparty claims and that such damages constitute legal injury resulting in accrual of claim and starting of limitations (B) holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases (C) holding an order of default was not final where it resolved only the question of liability and the case was continued for proof on the issue of damages (D) holding that insured may recover legal fees incurred in defending itself in a declaratory judgment action brought by insurer but not for those incurred in prosecuting cross claims and counterclaims against insurers (E) holding that although some breach of contract damages were calculable specific damages for which grogan sought injunctive relief were intangibles incapable of being measured by damages

Answer:
holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases