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: See Fla. R. App, P. 9.030(b)(1)(A); Office of the Public Defender v. Lakicevic, 215 So.3d 112 (Fla. 3d DCA 2017) (treating an order denying the public defender's motion for a protective order from a third-party subpoena duces tecum for deposition as a final order reviewable on appeal, rather than via a petition for writ of certiora-ri). We consolidated Wadsworth's appeal with the two' petitions, and, because we are quashing the subject order, we dismiss, as moot, Wadsworth's appeal in case number '3D17-1527. We need not, and therefore do not, reach the perplexing issue of whether it is a better practice for a non-party to seek appellate, father than certiorari, review of a final discovery order, 7 .. see Marlin v. State Farm Auto. Ins. Co., 761 So.2d 380, 381 (Fla. 4th DCA 2000)
Holding statements: (A) holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured (B) holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged (C) holding in the context of an attorney malpractice suit an insurance company is not vicariously liable for the acts of the attorney it selects to defend the insured while the insurer selected the attorney to defend the insureds and controlled the ultimate decision to settle or defend under the policy there is nothing in the record to indicate the insurer had any control over the details of the litigation as it was being conducted by the the attorney (D) holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured (E) holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action
A:
holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured