instruction:
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.
question:
business is a disputed question of fact which cannot be resolved on summary judgment. State Auto disputes Appellants' arguments and also posits in the alternative that, even if Kraus was an "insured" at the time he committed the acts in question, Appellants' false imprisonment claims were subsumed by their sexual assault claims. As discussed below, we conclude that the district court correctly found that the determination of whether Kraus was an "insured" under the policy is a question of law where the pertinent facts are undisputed, that the policy is not ambiguous, and that Kraus's acts fall within the Criminal-Acts Exclusion. Because we affirm the district court on those grounds, we do not reach State Auto's alternative argument in support 2d 349, 633 N.W.2d 707 (Wis.Ct.App.2001) (<HOLDING>); Michelet v. Scheuring Sec. Servs. Inc., 680
Holding statements: (A) holding the question of whether insurance companys requests were reasonable under policy language was a fact question (B) holding that the question of whether an employee was acting within the course and scope of his employment or while performing duties related to the conduct of the employers business for purposes of insurance coverage were questions of fact that precluded summary judgment particularly since there was a question regarding the employees intent in performing the act in question (C) holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred (D) holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury (E) holding that generally the question of waiver and estoppel is a question of fact
answer:
(B)

question:
the B-side breakers were cross-phased caused transformer B to fail, and the failure of transformer B necessitated its testing, removal, oil disposal, repair and reinstallation. No additional link in the causal chain was necessary to bring about the injury or damages. The parties can be "conclusively presumed to have foreseen" that Powell's substandard performance would result in the failure of the transformer and that failure of a transformer would require HP to incur costs associated with repairing it. Cf. Arthur Andersen, 945 S.W.2d at 816. We are not persuaded otherwise by Powell's argument that direct damages in this case should be limited to the cost of uncrossing the wrongfully crossed cables or the difference between the value of Powell's actual services and the value of t *8-9 (<HOLDING>). Powell asserts that these provisions refer to
Holding statements: (A) holding that where electricity supplier had its employees on construction site from time to time in connection with supplying temporary electricity any knowledge suppliers employees had of building construction was incidental to supplying electricity thus construction worker who was injured when he contacted live highvoltage electrical transmission lines wholly failed to establish any reason why electricity supplier should have foreseen injury and no duty arises to act to prevent such unanticipated injury (B) holding costs of providing power during construction delay were direct damages because contract provision specified that owner would provide electricity to construction site (C) recognizing the rights of third parties who were not signatories to a construction contract (D) holding that construction safety manuals and codes were properly admitted as objective standards of safe construction (E) holding that whether clause in construction contract providing that no damages would be available for delay was enforceable was a factual question where there was evidence that damages resulted from unreasonable delay beyond the contemplation of the parties
answer:
(B)

question:
felony offense, the government had to prove by a preponderance of the evidence that the firearm aided the felonious conduct (internal quotation marks omitted)). This circuit has not yet interpreted U.S.S.G. 2K2.1(b)(5) to determine at what point a defendant would know or have reason to believe that the transferee intended to use the transferred firearms unlawfully. But cases interpreting the pri- or version of 2K2.1(b)(5), which required that the defendant have reason to believe that the firearms "would be used or possessed in connection with another felony offense," support the district court's application of the current version of 2K2.1(b)(5) in the present case. See United States v. Cummings, No. 93-2037, 1994 WL 91825, at *2 (6th Cir. Mar. 22, 1994) (unpublished opinion) (<HOLDING>); see also United States v. Cutler, 36 F.3d
Holding statements: (A) holding that the district court eired in applying the firearm enhancement where the government presented no evidence that the defendant possessed the gun or knew that the gun was located in the bottom of his codefendants backpack (B) holding that evidence of the defendants connection to the guns suggests possession of the drugs found next to the guns (C) holding a consent voluntary when a defendant who had been warned of his rights and knew police were investigating murders turned his gun over to a policeman who suggested that he could sell the gun for the defendant (D) holding that the application of 2k21b5 was appropriate where the volume of cummings gun sales was significant handguns constituted the largest proportion of the weapons sold cummings knew his customers were criminals and his customers knew the guns were stolen (E) holding that the defendant knew of his accomplices gun and benefitted from its presence for protection
answer:
(D)