Pedcor Management Co., Inc. Welfare Benefit Plan v. Nations Personnel of Texas, Inc.

WIENER, Circuit Judge:

Appellant Pedcor Management Company, Inc. Employee Welfare Benefit Plan (“Pedcor”) challenges the district court’s class certification order for arbitration of claims brought by Plaintiffs-Appellees Employer Self-Funded ERISA Plans (“Plans”) against Defendant-Appellee North American Indemnity, NV (“NAI”). For the following reasons, we vacate and remand.

I. FACTS AND PROCEEDINGS

NAI is a Belgian-incorporated insurance company that entered into reinsurance contracts with 408 Plans throughout the United States. The arbitration agreement of each of these contracts requires, in…