Ace American Insurance Company, Allianz Global Risks US Insurance Company, Axis Specialty Europe S.e., Endurance…

Summary

The court reversed summary judgment for Hetsco because genuine issues of material fact remained regarding whether a BP employee had apparent authority to accept Hetsco’s proposal, whether BP ratified the proposal, and whether Enterprise could be bound by it or was entitled to assert equitable estoppel. The court held that the shortened limitations provision was unenforceable under Mississippi law but declined to decide the forum-selection clause’s enforceability before determining whether the parties were bound by the contract. The case was remanded for further proceedings.