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.

F.2d 448, 451 (1st Cir.1975). Anderson's condition at the time of the statement was described as excited, nervous and scared, and he appeared as if "he did not know what to do." Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159
Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective
(A)

to obtain the benefit of the bond, for which it paid a significant premium, only through legal action. Accordingly, Olympic Steamship applies here. Colorado Structures, 125 Wn. App. at 928 (emphasis added) (footnote omitted). We agree. 27 Lastly, in McGreevy, where this court awarded reasonable attorney fees in addition to the limits of the insurance policy, we reasoned, "when an insurer unsuccessfully contests coverage, it has placed its interests above the insured. Our decision in Olympic Steamship remedies this inequity by requiring that the insured be made whole." McGreevy, 128 Wn.2d at 39-40. Likewise, West placed "its interests" above that of Structures. Id. Structures should be awarded attorney fees under Olympic Steamship, so as to be made "whole." Dayton, 124 Wn.2d at 280 (<HOLDING>)- Without the application of Olympic Steamship
Holding statements: (A) holding the contract was not authorized by law (B) recognizing that under georgia law attorneys fees are allowed where authorized by statute or contract (C) holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case (D) holding that an award of attorney fees was authorized by ocga 13111 a 3 when the requirements of that statute were satisfied (E) holding that a court has power to award attorney fees when authorized by contract statute or recognized ground of equity
(E)

Law. 11-12 (Nov. 1994) ("The side with the best case almost always wins, and the performance of the lawyers almost never matters. Some of the best lawyering I've ever seen has resulted in spectacular losses. And some of the most bumbling lawyers have had the fortune of attaching themselves to strong, and therefore winning, cases."). 50 . See Attorney Grievance Comm'n of Md. v. Snyder, 368 Md. 242, 793 A.2d 515, 531 (2002) (finding that attorney's failure to research whether his client, a criminal defendant, needed to be present at her initial appearance, as well as his failure to have her arrest warrant recalled once he learned of its issuance, provided sufficient evidence that he had violated MRPC 1.1); Attorney Grievance Comm'n of Md. v. Mooney, 359 Md. 56, 753 A.2d 17, 26-27 (2000) (<HOLDING>). 51 . Stip. Ex. 26 at Beecher00203. 52 . See
Holding statements: (A) holding that under texas law the mere representation of a party in a lawsuit does not establish privity between an attorney and his or her client (B) holding client is not liable for actions of attorney who misled client as to the status of case (C) holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client (D) holding that an attorney whose office staff incorrectly instructed a client that he need not appear in court for trial provided incompetent representation (E) holding an attorney is an agent of the client and therefore cannot conspire with the client
(D)