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.

judge is provided for in Ind. P-C.R. 1, 4(b), it is not automatic as Barclay asserts. Instead, "the rule requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice." Jackson v. State, 643 N.E.2d 905, 907 (Ind.Ct.App.1994), trans. denied (citing State ex rel. Whitehead v. Madison County Circuit Court, 626 N.E.2d 802, 803 (Ind.1993)). Barclay's affidavit presents the fact that the trial court judge accepted his guilty plea without an adequate factual basis as his evidence of bias. Even taking this assertion as true, it does not support a rational inference of bias or prejudice. See Smith v. State, 613 N.E.2d 412, 414 (Ind.1993), reh'g denied, cert, denied (<HOLDING>); Jackson, 643 N.E.2d at 907 (holding that the
Holding statements: (A) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (B) holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion (C) holding that the fact that the judge received adverse publicity for granting postconviction relief in another case did not require the judge to recuse herself (D) holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case
(C)

put forth anything to convince the Court that further discovery could rectify this issue. Accordingly, the Court sees no reason to deny or defer Defendant's Motion as premature. 4. Contractual Limitations on Time to Bring Suit A. How does KRS 304.14-370 affect contractual limitation provisions? Kentucky law has long recognized "the validity of insurance contract provisions requiring as a condition to sue that the action must be 'commenced within the time specified by the policy.' " Edmondson v. Penn. Nat. Mut. Cas. Ins. Co., 781 S.W.2d 753, 756 (Ky.1989) (internal citations omitted). Courts typically enforced such provisions unless they unreasonably limited the time in which parties could sue. See Ashland Finance Co. v. Hartford Accident & Indemn. Co., 474 S.W.2d 364, 366 (Ky. 1971) (<HOLDING>). However, KRS 304.14-370 does place
Holding statements: (A) holding a delay approaching one year is presumptively unreasonable (B) holding that discovery was appropriately tailored as it limited the request to information within a six year time period relating to one specific contract and the deposition of a person most knowledgeable (C) holding that section 10b and rule 10b5 suits must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation (D) holding that cogsa claims must be brought within one year from the time at which the loss occurred (E) holding that a blanket bond contract provision requiring a party to bring suit within one year after discovery of the loss was not unreasonable
(E)

Practice and Procedure 1261 (1969)). Accordingly, matters admitted in a defendant's answer require "neither proof nor finding[.]" Fontes v. Porter, 156 F.2d 956, 957 (9th Cir.1946). Moreover, under rule 8(d), the effect of a failure to deny facts alleged in the complaint is to admit them. See Citizens Concerned for Separation of Church and State v. City and County of Denver, 628 F.2d 1289, 1293 (10th Cir.1980)(observing that failure to deny even jurisdictional facts in answer is to admit them); Meschino v. N. Am. Drager, Inc., 841 F.2d 429, 435-36 (1st Cir.1988)(finding that corporation's admission in its answer that it sold machine to hospital precluded plaintiff from having to prove that corporation sold machine); Hall v. Aetna Cas. & Sur. Co., 617 F.2d 1108, 1111 (5th Cir.1980)(<HOLDING>); In re BWL, Inc., 123 B.R. 675, 682
Holding statements: (A) holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage (B) holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage (C) holding that a california commonlaw requirement that insurers show prejudice before they may deny coverage because of late notice regulated insurance and was saved from preemption the insurance company that issued a group disability policy as an insured employee benefit plan could not rely on the notice provisions to deny coverage unless there was prejudice (D) holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed (E) holding that new yorks public policy does not bar insurance coverage for disparate impact employment discrimination but noting that the state of new york insurance department has stated that it is against public policy to provide insurance coverage for intentional acts of discrimination
(D)