Instructions: 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.
Input: seeks damages that is, those entered into with Safeco, Provident and Manulife. (See Pl.'s Br. in Opp'n at 34, 92 Doc. 484-1 at 51, 109.) In the opinion of the Court, all of the Safeco, Provident and Manulife annuities, except the QPA-2, are variable annuities not entitled to the exemption provided for by section 3(a)(8). (1) The Safeco Annuities The QPA-2 was a traditional fixed annuity with a guaranteed interest rate. (PL's Ex. 358 at Safeco 00127, Doc. 456-3 at 1.) All deposits were held in Safeco's general fund, not a separate account. (PL's Ex. 360 at Safeco 00115, Doc. 456-4 at 2.) Safeco bore all of the risk as it had to meet minimum interest payments. As such, it falls within the exemption provided by section 3(a) (8), 15 U.S.C. 77c(a)(8). See Otto I, 814 F.2d at 1131-32 (<HOLDING>). The Resource Variable Account A was an
Holding statements: (A) holding railroad rate exempt from state regulation (B) holding that the trustee did not breach its fiduciary duty when its actions were consistent with the trust instrument (C) holding that insurance instrument was fixed annuity exempt from securities regulation because the instrument provided a guaranteed return of four percent 4 (D) holding that the gravamen of the offense is the physical adaptation of the instrument (E) holding that the deferential standard of review of a plan interpretation is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trust ee has in fact interpreted the instrument
Output:
holding railroad rate exempt from state regulation