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.

business is a disputed question of fact which cannot be resolved on summary judgment. State Auto disputes Appellants’ arguments and also posits in the alternative that, even if Kraus was an “insured” at the time he committed the acts in question, Appellants’ false imprisonment claims were subsumed by their sexual assault claims. As discussed below, we conclude that the district court correctly found that the determination of whether Kraus was an “insured” under the policy is a question of law where the pertinent facts are undisputed, that the policy is not ambiguous, and that Kraus’s acts fall within the Criminal-Acts Exclusion. Because we affirm the district court on those grounds, we do not reach State Auto’s alternative argument in support 2d 349, 633 N.W.2d 707 (Wis.Ct.App.2001) (<HOLDING>); Michelet v. Scheuring Sec. Servs. Inc., 680 
 Holding statements: (A) holding the question of whether insurance companys requests were reasonable under policy language was a fact question (B) holding that the question of whether an employee was acting within the course and scope of his employment or while performing duties related to the conduct of the employers business for purposes of insurance coverage were questions of fact that precluded summary judgment particularly since there was a question regarding the employees intent in performing the act in question (C) holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred (D) holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury (E) holding that generally the question of waiver and estoppel is a question of fact
(B)

interest” at issue here because “[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals.” Freedmen’s Opp’n to Crittenden’s Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation’s claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity” and finds that the Nation’s interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal 
 Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity
(E)

under a ... will ... may have determined any .question of ... validity arising under the instrument ... and obtain a declaration of rights, status, or other legal relations thereunder.” Ark.Code Ann. § 16 — 111— 104. Whether a plaintiff may contest the validity of a will under the Arkansas declaratory judgment act is an issue of first impression. This Court has located no Arkansas authority that suggests an answer to this question. The most apposite federal authority is Kausch v. First Wichita Nat. Bank of Wichita Falls, Tx., 470 F.2d 1068, 1069 (5th Cir.1972). In Kausch, the plaintiff claimed that the federal court had jurisdiction to declare a will invalid in an action brought under the Texas declaratory judgment act. The language of Texas’s declaratory judgment act was identic 95) (<HOLDING>); Matter of Moerschel’s Estate, 86 Ill.App.3d 
 Holding statements: (A) holding that an action under the illinois declaratory judgment act to void a will must be construed as a will contest that is governed by the laws controlling such contests in probate proceedings (B) holding that the trial courts determination that the invalidity of an unprobated will under texass declaratory judgment act was not error where the action was joined with a probate action and multiple wills were before the court (C) holding that an action challenging the validity of a will may not be brought under ohios declaratory judgment act (D) holding that texass probate statute does not affect whether the probate exception to federal jurisdiction applies to a case (E) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment

(B)