With no explanation, chose the best option from "A", "B", "C" or "D". ch. 290, § 1, 2001 Tex. Gen. Laws 548, 548-51 (repealed and recodified 2003) (current version at Tex Ins.Code Ann. §§ 541.051-.061). 8 . This subsection defines as unfair and deceptive acts or practices in the business of insurance [m)isrepresenting an insurance policy by: (a) making an untrue statement of material fact; (b) failing to state a material fact that is necessary to make other statements made not misleading, considering the circumstances under which the statements were made; (c) making a statement in such manner as to mislead a reasonably prudent person to a false conclusion of a material fact; (d) making a material misstatement of law; or (e) failing to disclose any matter required by law to be disclosed, including a failure to make disclo .-Corpus Christi 2003, no pet.) (<HOLDING>). Significantly, both Durbin and Alaniz relied

A: holding that affidavit filed separately from the reply was untimely because it was offered in support of the motion for summary judgment but evidence attached to the reply was properly part of the summaryjudgment evidence because the evidence was offered in reply to nonmovants response
B: holding that a reviewing court must address an appellees reply as to preservation of error and an alternative argument in an appellees reply
C: holding issues raised for the first time in a reply brief are not properly before this court
D: holding that issue raised for the first time in reply brief was waived
A.