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.

Example Input: If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential 
 Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case
Example Output: holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b

Example Input: reimbursement decisions to be made on an ad hoc basis. Id. at 549. Of note here, we explained that “even if the Commission had promulgated fee guidelines, the provider would not have a statutory right or privilege to be paid the amount set out in the guideline.” Id. According to East Side, Vista is, likewise, neither entitled to a fee guideline nor entitled to any set amount of reimbursement. See id. Given that no specific reimbursement amount is required, even where the Division has established fee guidelines, and that the Division can reason ng statute and rule as whole to find broad definition of “prohibited activities” and absence of definition for “market power” as providing constitutionally permissible notice of type of prohibited conduct contemplated); Tinning, 875 S.W.2d at 409 (<HOLDING>). The language in these cases, similar to 
 Holding statements: (A) holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance (B) holding term share legal fees although not expressly defined provides adequate notices of type of conduct it would include (C) holding that when a term is defined in the statute it need not be further alleged in the indictment (D) holding that although term was not limited by the specification it was expressly defined in a narrow manner in the prosecution history (E) holding that the statute was ambiguous because it provides no definition of the term violation and provides no specific direction as to the proper unit of prosecution
Example Output: holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance

Example Input: was notified of the first claims by O’Rourke. By that time, four of the underlying suits had been settled and many other suits were filed with the understanding that they would be settled in the near future. However, many of the suits against O’Rourke were not filed until after or shortly before Aetna filed its declaratory judgment action. Aetna cannot be found to have breached its duty to defend those cases in which Aetna sought declaratory judgment in a timely manner. Consequently, we find it necessary to remand to the trial court to determine in which cases Aetna breached its duty to defend. For those cases in which Aetna breached its duty to defend, Aetna . cannot raise defenses to coverage. See Central Mutual Insurance Co. v. Kammerling, 212 Ill. App. 3d 744, 571 N.E.2d 806 (1991) (<HOLDING>). Consequently, Aetna is required to indemnify 
 Holding statements: (A) holding that an insurer will not be estopped from denying coverage merely because the underlying case proceeds to judgment before the declaratory judgment action is resolved (B) holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage (C) holding that the insurer was estopped from asserting coverage defenses when it waited to file a declaratory action until 10 months after it had notice of the claim and several months after it had notice of a potential settlement of the underlying litigation (D) holding that insurer that waited five months after being informed of occurrence and two months after being informed of suit against insured to deliver reservation of rights letter waived its noncoverage defense (E) holding that a petitioner was not entitled to equitable tolling where he waited six months to file a federal petition after any state misconduct ended
Example Output:
holding that an insurer will not be estopped from denying coverage merely because the underlying case proceeds to judgment before the declaratory judgment action is resolved