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: N.E.2d 968, 973 (Ind.1999). However, when the landowner is a lessor and the lessee is in operational control of the premises, such duty rarely exists. “[A] landlord under many circumstances has no liability to tenants or others for injuries on the property when the tenant is in full control of the leased premises.” Dutchmen Mfg., Inc. v. Reynolds, 849 N.E.2d 516, 525 (Ind.2006). “[I]n the absence of statute, covenant, fraud or concealment, a landlord who gives a tenant full control and possession of the leased property will not be liable for personal injuries sustained by the tenant or other persons lawfully' upon the leased property.” Olds v. Noel, 857 N.E.2d 1041, 1044 (Ind.Ct.App.2006) (citation omitted), tram, not' sought; cf. Rossow v. Jones, 404 N.E.2d 12, 14 (Ind.Ct.App.1980) (<HOLDING>), trans. not sought. Yost v. Wabash College, 3 
 Holding statements: (A) holding over (B) holding that captain has reasonable expectation of privacy in all areas of his ship (C) holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building (D) holding that a landlord has a duty of reasonable care over common areas or other areas over which the landlord has retained control (E) holding that a landlord may have a duty to exercise reasonable care for the safety of its tenants in common areas

Answer: holding over


Question: for the district court to grant his motion to withdraw his plea. But Harvey has not challenged the district court's ultimate finding that he was competent to stand trial based on the court's consideration of the opinions of all three psychiatrists. In light of the district court's unchallenged and supported determination that Harvey was competent to stand trial (and therefore competent to plead), Harvey cannot argue that the court committed obvious error in failing to sua sponte permit him to withdraw his plea on the basis of his "marginal competence." Nor can he claim that counsel was ineffective for failing to argue Harvey's marginal competency as a reason for withdrawing the plea. Harvey's claims related to his competency therefore fail. { 18 We affirm. 1 . The court stat Cir.2008) (<HOLDING>); United States v. Pease, 240 F.3d 938, 940-42 
 Holding statements: (A) holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel (B) holding an attorneys mistaken prediction about a possible sentence does not render a defendants plea unknowing and involuntary (C) holding that a defense attorneys failure to uncover a defendants prior felony convictions and the attorneys inaccurate sentencing prediction did not render the defendants plea unknowing and involuntary because the defendant knew at the time he pleaded guilty what his sentence might be (D) holding that ineffective assistance can render a guilty plea involuntary (E) holding that an inaccurate sentencing estimate did not render a plea unknowing unintelligent or involuntary because the defendant was informed of the statutory maximum

Answer: holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel


Question: of what we determined USF & G’s coverage to be. CU’s concession cements our conclusion that the SIR is nothing more than a deductible contracted between Payless and USF & G. Because the SIR contained in the USF & G policy is not “other insurance” within the meaning of CU’s “other insurance” clause, CU’s policy provides the only insurance coverage for the first $200,000 of Payless’s liability (subject of course to the $10,000 SIR in CU’s own policy). See Cargill, Inc., 889 F.2d at 180 (applying Minnesota law and holding that, up to the higher deductible contained in one of two applicable insurance policies, only one insurance policy provided coverage so that its “other insurance” clause was not triggered); cf. Wallace v. TriState Ins. Co. of Minn., 302 N.W.2d 337, 340-41 (Minn.1980) (<HOLDING>). The district court determined that CU was not 
 Holding statements: (A) holding assignable to injured party insureds claim against insurer for judgment in excess of policy limits (B) holding that excess coverage in four policies was not triggered until primary insurer satisfied the requirements necessary to trigger the excess insurers coverage and paid the full amount of its limits (C) holding that the excess carrier was liable only for the insureds deductible which was not covered by the primary insurer (D) holding that insurer was liable for amount in excess of policy limits because it breached its duty to defend (E) holding that a rule requiring an excess carrier to drop down upon the insolvency of the primary carrier would impermissibly shift the risk of the primary carrier to the excess carrier and would require insurance companies to scrutinize one anothers financial stability before issuing secondary policies

Answer:
holding assignable to injured party insureds claim against insurer for judgment in excess of policy limits