Read the following excerpt from a US court opinion:
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Section 2 of this article is void to the extent of the conflict.”). 10 . 29U.S.C. § 1144(b)(2)(B). 11 . See generally FMC Corp. v. Holliday, 498 U.S. 52, 61, 111 S.Ct. 403, 112 L.Ed.2d 356 (1990) ("[E]mployee benefit plans that are insured are subject to indirect state insurance regulation. An insurance company that insures a plan remains an insurer for purposes of state laws ‘purporting to regulate insurance’ after application of the deemer clause. The insurance company is therefore not relieved from state insurance regulation. The ERISA plan is consequently bound by state insurance regulations insofar as they apply to the plan’s insurer."). 12 . UNUM Life Ins. Co. of Am. v. Ward, 526 U.S. 358, 376 n. 7, 119 S.Ct. 1380, 143 L.Ed.2d 462 (1999); see also id. at 372-73, 119 S.Ct. 1380
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What is the most suitable continuation to the opinion? Your options are:
A. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed
B. holding evidence including that insurer only charged life insurance premium that would ordinarily apply to onehalf the amount of coverage actually permitted by policy as written did not warrant retroactive reformation of policy to reduce coverage amount because it did not demonstrate mistake on insureds part and insurance company did not present evidence on what parties agreed to before the policy was issued
C. holding that when an insurer denies coverage on grounds unrelated to late notice a strong presumption arises that the insurer has not suffered prejudice from the late notice
D. holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the legally obligated to pay provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance proceeds
E. 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
Reply with [A, B, C, D, E] only.