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Sonnen v. AmerUs Life Insurance

Citation: 250 F. App'x 222Docket: No. 05-35733

Court: Court of Appeals for the Ninth Circuit; October 4, 2007; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Claudia Sonnen against the district court's summary judgment in favor of AmerUs Life Insurance Company regarding her claim for life insurance benefits after her husband, Patrick Sonnen's death. The primary legal issue centers on whether a binding life insurance contract was formed under Oregon law. The court concluded that no contract was formed, as AmerUs proposed different terms than those applied for by Mr. Sonnen, thus constituting a counteroffer which he did not accept. Despite retaining the premium during the negotiation process, AmerUs withdrew and refunded it, asserting no acceptance of the original offer occurred. The court referenced Oregon law, emphasizing that acceptance must match the offer and that a counteroffer rejects the original offer. Mrs. Sonnen's argument that the handling of the premium by AmerUs amounted to acceptance was rejected, as Oregon law requires explicit acceptance. The decision of the court is affirmed, with the ruling not intended for publication and not serving as precedent beyond the specific circumstances of the case.

Legal Issues Addressed

Acceptance and Counteroffer

Application: The court held that AmerUs's proposal of different terms constituted a counteroffer, which Mr. Sonnen did not accept.

Reasoning: AmerUs did not accept Mr. Sonnen's application but instead proposed different terms, which he failed to comply with before the company withdrew and refunded his premium.

Contract Formation under Oregon Law

Application: The court determined that a life insurance contract was not formed because the acceptance of the offer did not match the original offer terms.

Reasoning: The court affirmed the decision, concluding that no binding life insurance contract was formed under Oregon law.

Oregon Law on Contract Acceptance

Application: The court emphasized the necessity of clear communication or overt actions for contract acceptance under Oregon law.

Reasoning: Oregon law requires clear communication or overt actions for contract acceptance.

Retention of Premiums and Contractual Obligations

Application: Retention of the premium during the negotiation phase did not obligate AmerUs to form a contract without a mutual agreement.

Reasoning: The retention of the premium during the counteroffer phase does not prevent AmerUs from denying contract formation.