TASK DEFINITION: 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.
PROBLEM: because of [the dealer's] precarious financial condition .... ... [W]e decline to hold BMW/NA negligent and liable for damages since it could not reasonably have anticipated the crimes committed by [the dealer's] principal, Eichler. Although BMW/NA may have been aware of [the dealer's] shaky financial condition, that knowledge alone gave BMW/NA no cause reasonably to anticipate that Eichler would either engage in any criminal activity or that he would abscond with customer funds. In fact, no amount of supervision by BMW/NA would have enabled it to foresee Eichler's thievery. Id. In other cases involving the franchisors of automobile dealerships, the courts have reached similar results. See Colson v. Maghami, No. CV 08-2150-PHX-MHM, 2010 WL 2744682, at *9-10 (D.Ariz. July 9, 2010) (<HOLDING>); DaimlerChrysler Motors Co., LLC v. Clemente,
Holding statements: (A) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (B) holding that a franchisor had no duty to supervise its automobile dealership or to warn a customer of the dealership who paid a substantial deposit for a limited edition lamborghini reventon and who did not receive either the car or the return of his deposit (C) holding that an automobile dealership had no duty to prevent the misconduct of the executives of another company who misappropriated company funds to make the purchase of several automobiles from the dealership (D) holding that where no evidence was designated to show that a car buyer knew that a sale violated the rights of the dealership that owned the car the buyers were buyers in the ordinary course of business for purposes of indcode 26112019 (E) holding that a car dealership could be held vicariously liable for the intentional tort of its employee who shot out the tires of the plaintiffs truck during a repossession attempt

SOLUTION: holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer

PROBLEM: the instructions misstated the law or misled the jury to the prejudice of the objecting party." United States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009). We will not reverse a conviction because of an erroneous instruction unless we are "left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations." Id. at 1342-43 (quotation marks omitted). We evaluate the instruction as a whole and in the context of the entire trial. United States v. Seabrooks, 839 F.3d 1326, 1333 (11th Cir. 2016), petition for cert. filed, (U.S. Feb. 16, 2017) (No. 16-8072). Challenges to jury instructions that are raised for the first time on appeal, however, are reviewed for plain error only. United States v. Madden, 733 F.3d 1314, 1322-23 (11th Cir. 2013) (<HOLDING>); United States v. Schlei, 122 F.3d 944, 973
Holding statements: (A) holding that the defendant bears the burden under plainerror review (B) holding that a defendant who fails to raise rule 11 error at trial has the burden to satisfy the plainerror rule (C) holding that plainerror review applies where the defendant fails to object to a constructive amendment (D) holding that plainerror review applies when a defendant fails to make a specific rule 32i3b objection based on a district courts failure to resolve a factual dispute (E) holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute

SOLUTION: holding that the defendant bears the burden under plainerror review

PROBLEM: insurer provides a notice of disclaimer 'as soon as is reasonably possible after it first learns of the accident or of grounds for disclaimer of liability.'" Adams v. Perry's Place, 168 A.D.2d 932, 564 N.Y.S.2d 1019 (4th Dep't 1990) (internal citation omitted); see also Zappone v. Home Ins. Co., 55 N.Y.2d 131, 135-36, 447 N.Y.S.2d 911, 432 N.E.2d 783 (1982) (noting that Insurance Law 3420(d) "was enacted to avoid prejudice to the insured, [and] the injured claimant ... [who] could be harmed by delay in learning of the carrier's position" (internal citation omitted)). If an insurer breaches its duty to disclaim coverage in a timely manner, it may not rely upon exclusions to deny coverage. Worcester Ins. Co. v. Bettenhauser, 95 N.Y.2d 185, 189, 712 N.Y.S.2d 433, 734 N.E.2d 745 (2000) (<HOLDING>). Notably, however, an insurer has no duty to
Holding statements: (A) holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage (B) holding that a denial of coverage based on a reasonable interpretation of the policy is not bad faith even if incorrect (C) holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy (D) holding that a disclaimer of liability is required when denial of coverage is based upon an exclusion set forth in a policy without which the claim would be covered citing zappone 55 ny2d at 134 138 447 nys2d 911 432 ne2d 783 (E) holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage

SOLUTION:
holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage