With no explanation, chose the best option from "A", "B", "C" or "D". Bank v. Broaddus, 569 S.W.2d 489, 492 (Tex.1978). The Court previously rejected as a matter of law Defendants’ effort to use their own deposition testimony to avoid responsibility for their promise. Amended Report & Recommendation, # 52 at 5-6, adopted by District Court, # 55. After Prospect counterclaimed for breach of the Release and Covenant Not to Sue, Defendants asserted that Prospect sneaked the Release in at the midnight hour so they would not notice it was included; they also stated that they deliberately chose not to read it before signing the Agreement. The Court ruled that this evidence of willful ignorance did not raise a fact issue so as to defeat Prospect’s motion for summary judgment. Id. See also In re Intern. Profit Associates, Inc., 286 S.W.3d 921, 923-24 (Tex.2009) (<HOLDING>). Thus Defendants here are presumed to know the

A: holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision
B: holding that a plaintiffs failure to invoke  1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision
C: holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision
D: holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision
A.