28.) If an insured has a non-valued insurance policy on her home for $200,000, but the actual value of the home at the time it is destroyed is $300,000, the insured can only recover the policy limit of $200,000. A.) True B.) False 40.) For a government official to prevail in a defamation case regarding public issue, she/he must establish which of the following? A.) That the defendant acted negligently. B.) That punitive damages are allowed. C.) That the defendant acted with actual malice by a preponderance of the evidence. D.) That the defendant acted with actual malice by clear and convincing evidence. 3.) Bank One Mortgage Company requires Sue to purchase insurance for her mortgaged house. Sue bought her house for $200,000. She made a $25,000 down-payment. She mortgaged the remainder, i.e., $175,000. The mortgage company required her to secure $175,000 of home-owner's insurance. Sue obtains a $300,000 valued insurance policy. Sue's house is accidentally destroyed by fire. Which of the following best describes how the insurance monies will be paid, if at all? A.) One Mortgage Company will receive $175,000 and Sue will receive $25,000. B.) One Mortgage Company will receive $275,000 and Sue will receive $25,000. C.) One Mortgage Company will receive $175,000 and Sue will receive $125,000. D.) None of the above. 4.) Growing marihuana in the State of Colorado is legal pursuant to that State's laws. Federal laws, however, provides that growing marihuana is a felony. Barbie, who lives in Colorado, has been growing marihuana in that State. Colorado State Police charge Barbie with unlawfully growing marihuana. The Federal government refuses to prosecute in Federal Court. Even though the United States Attorney's Office (federal prosecutors) refuse to prosecute the case, the Colorado State Attorney General's Office (state prosecutors) can prosecute the case under federal law in a United States District Court. A.) True B.) False wo o rd wat