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.

Q: other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms

A: (D)
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Q: S. Sprouse Residuary Trust, which is a named defendant in this action. For the sake of simplicity, we will refer only to Mr. Sprouse in this opinion. 4 .Ms. Bagwell, who is not a lawyer, also testified that she thought that the original five-year lease was on "a year[-]to[-]year basis.” 5 . Mr. Sprouse did not take issue with the $534 award for the damage to Mr. Ellis's corn crop. 6 . See also 2 Friedman on Leases § 14.301, at 915 (noting that payment of increased rent under an option constitutes an acceptance of the option). 7 . Painter v. Town of Groveland, 79 So.2d 765, 767 (Fla.1955) (finding such a presumption contrary to statute); Branagen v. Winders & Alm, 194 Iowa 461, 187 N.W. 440, 440-41 (Iowa 1922); Schiltz v. Teledirect Int'l, Inc., 524 N.W.2d 671, 674 (Iowa Ct.App.1994) (<HOLDING>); Elec. Sales Eng’rs, Inc. v. Urban Renewal & 
 Holding statements: (A) holding there was no renewal but finding estoppel on the part of the landlord (B) holding that the district courts finding of no discrimination under title vii was not clearly erroneous because the finding was supported by the record (C) holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record (D) recognizing the abuse of discretion standard and the requirement of evidentiary support for a finding of estoppel (E) holding that estoppel was a question of fact

A: (A)
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Q: Marine Ins. Co., 396 N.W.2d 229, 234 (Minn.1986)) (emphasis added). Thus: When read together, these [business risk] provisions exclude coverage when there has been no physical injury to tangible property other than the insured’s work. Standard Fire, 972 S.W.2d at 12 (emphasis added). In other words, there is coverage where there has been physical injury to tangible property that is not the insured’s work. As we have pointed out earlier in this opinion, we agree with the district court’s view that Love’s tangible real property is not the insured’s “work,” and that it was physically damaged by having the construction debris from the road-widening project dumped on it. Therefore, this exclusion does not apply. See Thommes v. Milwaukee Mut. Ins. Co., 622 N.W.2d 155, 159-60 (Minn.App.2001) (<HOLDING>), aff'd, 641 N.W.2d 877 (Minn.2002). Cf. Dewitt 
 Holding statements: (A) holding as unambiguous under iowa law the insurance policys exclusion of coverage to any obligation of the insured to indemnify another because of damages arising out of  a bodily injury to any employee of the insured arising out of and in the course of his employment by the insured (B) holding that a third party has authority to consent to a search if the third party is a coinhabitant (C) holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations (D) holding that j5 exclusion did not bar coverage for claim against insured by third party arising out of insureds damage to third partys property (E) holding that j5 exclusion did not bar coverage for damage to subcontractors work because damage did not arise from insureds performing operations on subcontractors work

A:
(D)
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