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.
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Question: improperly determined that the "neither expected nor intended" language in the CGL policy constitutes an exclusion. This conclusion alone, however, does not bar coverage for Ribi; it merely imposes on it the burden of establishing an "occurrence." 21 The CGL policy's core provision defines "occurrence" by reference to those accidents or conditions that result in damage that was "neither expected nor intended." This provision contains no temporal component and focuses instead on the insured's expectations regarding damages. Thus, acts that take place over a significant period of time, but cause unexpected damage fall within the definition of an "occurrence" and are entitled to coverage. Millers Mut. Ins. Co. v. Strainer (1983), 204 Mont. 162, 663 P.2d 338 overruled on other grounds (<HOLDING>). 22 Here the District Court found that Ribi
Holding statements: (A) holding that intentional acts do not exclude coverage under the occurrence language unless the injury was expected or intended (B) holding that an objective standard to determine whether the injury was intended or expected would be inconsistent with insurance coverage for damage resulting from ordinary negligence (C) holding that under georgia law similar language was virtually absolute and noting that it intended to exclude liability coverage for all liabilities arising out of pollution (D) holding that under maine law the occurrence provision focuses on the property damage after the initial discharge and whether it was expected or intended from the insureds point of view (E) holding that where policies exclude coverage for injuries that are intended or expected the exclusion is applicable if the insured acts with the intent or expectation that bodily injury will result even though the bodily injury that does result is different either in character or magnitude from the injury that was intended

Answer: (A)

Question: interests inferior to the unsecured creditors [and, t]hus there should be little difficulty with the absolute priority rule____"). Sweetwater does not dispute that general proposition, but argues that the insider claims in this case should be subordinated to it, and not receive or retain any property since Sweetwater's claim is not being paid in full. The Court disagrees. Several courts have expressed the opinion that the claim of an insider or equity holder may not be treated unequally unless the insider or equity holder used superior knowledge concerning the debtor's affairs in an unfair manner or equitable subordination principles otherwise apply. See e.g., In re ARN LTD. Ltd. P'ship, 140 B.R. 5, 13 (Bankr.D.D.C.1992), citing In re Ho-lywell Corp., 913 F.2d 873, 880 (11th Cir.1990) (<HOLDING>); Heritage Org., 375 B.R. at 301 (agreeing that
Holding statements: (A) holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process (B) holding that the mere fact that a claim is held by an equity security holder does not justify its subordination and insider claims may be equitably subordinated only based on evidence of unfair conduct (C) holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive (D) holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision (E) recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven

Answer: (B)

Question: the denial of a gift or gratuity if the states refused to waive their sovereign immunity. See id. Instead, in both Parden and College Savings Bank, Congress threatened a sanction: "exclusion of the State from otherwise permissible activity." Id. Specifically, the federal statute in Parden required Alabama to waive its immunity or give up its ability to own and operate .a railroad in interstate commerce. In College Savings Bank, the TRCA required Florida to waive its immunity or give up its ability to engage in the business of advertising and selling a for-profit educational investment vehicle. The voluntariness of a waiver is destroyed "when what is attached to the refusal to waive is the exclusion of the State from otherwise lawful activity." Id.; see also Innes, 184 F.3d at 1284 (<HOLDING>). 3. Application of College Savings Bank 47
Holding statements: (A) holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court (B) holding that state waived its eleventh amendment immunity by filing proofs of claim in bankruptcy proceedings (C) holding that a plaintiff waived an argument that the defendant voluntarily waived its eleventh amendment immunity by removing the case from state to federal court by failing to raise it before the district court even though an intervening supreme court decision clarified the law in the plaintiffs favor (D) holding that a state university knowingly and voluntarily waived the states immunity by agreeing as a prerequisite to its participation in the perkins loan program to undertake certain enumerated actions in federal bankruptcy court in the event of a claim for discharge filed by the studentborrower (E) holding that when state voluntarily submits a claim in a bankruptcy proceeding the state waives its sovereign immunity

Answer:
(D)