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.
Q: (Colo. 1982) (noting that strict prima facie case may be impossible at discovery stage). Decisions regarding discovery are best left to the trial court in its reasoned discretion; Standard Tallow Corp. v. Jowdy, 190 Conn. 48, 57, 459 A.2d 503 (1983); and employing the typical prima facie burden shifting could lead to endless minitrials to settle discovery matters in the underlying action. Accordingly, we reject a strict burden shifting approach and instead employ the test adopted by the Court of Appeals for the Second Circuit, which requires a showing of probable cause to believe that the privileged communications were made with the intent to perpetrate a civil fraud and that the communications were made in furtherance of that fraud. See United States v. Zolin, supra, 491 U.S. 563 n.7 (<HOLDING>); Matter of Mendel, 897 P.2d 68, 74 (Alaska
Holding statements: (A) recognizing confusion caused by prima facie language (B) holding that unintended damage to a pipeline caused by the defective coating supplied by insureds subsidiary was caused by an occurrence within the meaning of the liability policy (C) holding that delay caused by or consented to by a defendant is not unreasonable (D) holding that eco nomic injury caused by contractual obligations that stemmed from compliance with a regulation were sufficiently caused by the regulation to support standing (E) holding under the policy language that diminution of market value is not a cause of loss but a measure of a loss caused by something else
A:
holding that unintended damage to a pipeline caused by the defective coating supplied by insureds subsidiary was caused by an occurrence within the meaning of the liability policy