FILED
NOT FOR PUBLICATION
APR 14 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEBRA J. ERICKSON; GARY VANDER No. 13-35288
VORST, as co-personal representatives of
the Estate of David V. Erickson, D.C. No. 1:12-cv-00059-RFC
Plaintiffs-Appellants,
v. MEMORANDUM*
J.C. BROMAC CORPORATION, DBA
EagleRider, DBA EagleRider Inc.,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, District Judge, Presiding
Submitted April 7, 2017**
Seattle, Washington
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes that this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: W. FLETCHER and GOULD, Circuit Judges, and BLOCK,*** District
Judge.
1. The reference to $1 million in accident insurance in the agreement
between J.C. BroMac Corporation, DBA EagleRider, DBA EagleRider Inc.
(“EagleRider”) and Altria Consumer Engagement Services (“Altria”) was, at most,
an offer to provide insurance. Since there is no evidence that the offer was
accepted by either Altria or David Erickson, it was not a binding contract. See
Chipman v. Northwest Healthcare Corp., Applied Health Servs., Inc., 317 P.3d
182, 185 (Mont. 2014) (“Mutual consent consists of an offer and an acceptance of
that offer.”).
2. Erickson accepted a different offer for accident insurance “upon the
terms and conditions of the summary of coverage in the [Personal Accident
Insurance/Personal Effects Coverage] brochure, a copy of which you acknowledge
has been received by you.” The only brochure in the record refers to $100,000 in
coverage, which amount EagleRider paid. Since there is no evidence of a brochure
promising $1 million in coverage, EagleRider was entitled to summary judgment
on Erickson’s estate’s claim for the higher amount.
AFFIRMED.
***
The Honorable Frederic Block, Senior United States District Judge for the
Eastern District of New York, sitting by designation.
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