Sonnen

*223 MEMORANDUM *

Claudia Sonnen appeals the district court’s grant of summary judgment to AmerUs Life Insurance Company on her action to recover life insurance benefits upon the death of her husband, Patrick Sonnen. We affirm.

Under the law of the State of Oregon, 1 the district court did not err when it determined that the evidence would not support a determination that a binding life insurance contract had been formed. Rather than accept Mr. Sonnen’s application, AmerUs proposed different terms, and Mr. Sonnen did not, and could not, comply with AmerUs’s terms before it withdrew and returned his proposed premium. 2 See Arboireau v. Adidas-Salomon AG, 347 F.3d 1158, 1163 (9th Cir.2003) (“ ‘acceptance of an offer ... must ... correspond to the offer at every point’ ” (quoting C.R. Shaw Wholesale Co. v. Hackbarth, 102 Or. 80 , 201 P. 1066 , 1067 (1921) (internal quotation marks omitted))); Olsen v. Fed. Kemper Life Assurance Co., 299 Or. 169 , 700 P.2d 231, 233, 235 (1985) (contract formation); Krause v. Wash. Nat’l Ins. Co., 255 Or. 446 , 468 P.2d 513, 517-18 (1970) (same); Morford v. Cal. W. States Life Ins. Co., 166 Or. 575 , 113 P.2d 629, 635 (1941) (proposal of different…