Kenisha Brantley Greg Brantley, on Behalf of Themselves & All Others Similarly Situated v. Repub. Mortg. Ins. Co., 424 F.3d 392 (4th Cir. 2005). · Go Syfert
Kenisha Brantley Greg Brantley, on Behalf of Themselves & All Others Similarly Situated v. Repub. Mortg. Ins. Co., 424 F.3d 392 (4th Cir. 2005). Cases Citing This Book View Copy Cite
159 citation events (159 in the last 25 years) across 32 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Brandon R. West v. UnitedHealth Group, Inc., et al.
D. Maryland · 2026 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005) (quoting MS Dealer Serv.
discussed Cited as authority (rule) SZY Holdings, LLC v. IPF Sourcing LLC
E.D. Va. · 2025 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005), the Fourth Circuit considered an effort by a non-signatory to compel arbitration but rejected it where the claims at issue were not for “breach of the underlying . . . contract.” Id.
discussed Cited as authority (rule) SZY Holdings, LLC v. IPF Sourcing LLC
E.D. Va. · 2025 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005), the Fourth Circuit considered an effort by a non-signatory to compel arbitration but rejected it where the claims at issue were not for “breach of the underlying . . . contract.” Id.
cited Cited as authority (rule) Multari v. Fakhoury
E.D.N.C. · 2024 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (cleaned up).
cited Cited as authority (rule) Ayers v. Markiewicz
E.D.N.C. · 2024 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (cleaned up).
cited Cited as authority (rule) David v. Tesla Inc.
D. Maryland · 2024 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005) (quoting MS Dealer Serv.
cited Cited as authority (rule) Bonner v. Kimmico, Inc.
D. Maryland · 2023 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005) (alterations omitted).
discussed Cited as authority (rule) RUAG Ammotec GmbH v. Archon Firearms (2×)
Nev. · 2023 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005).
cited Cited as authority (rule) Colonial River Wealth Advisors, LLC v. Cambridge Investment Research, Inc.
E.D. Va. · 2023 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005).
discussed Cited as authority (rule) Barmby v. Ourisman Chevrolet Co., Inc.
D. Maryland · 2023 · confidence medium
Co., 424 F.3d 392, 395 (4th Cir. 2005) (quoting MS Dealer Serv.
cited Cited as authority (rule) Think Tank, Inc. v. ITegrity, Inc.
D. Maryland · 2023 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (quoting MS Dealer Serv.
discussed Cited as authority (rule) Hatch v. Optum Services Inc
E.D. Ark. · 2022 · confidence medium
Optum cites Brantley v. Republic Mortgage Insurance Co., 424 F.3d 392, 396 (4th Cir. 2005) as an example, noting that, in that case, the “defendant could not invoke [the] arbitration agreement because . . . [plaintiff’s] claims were not part of [the] underlying contract, and [plaintiff made] allegations only as to one defendant.” Def.’s Suppl.
cited Cited as authority (rule) Minor v. Best Buy Stores, LP
W.D.N.C. · 2022 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005).
cited Cited as authority (rule) Straub v. Ford Motor Company
E.D. Mich. · 2021 · confidence medium
Co., 424 F.3d 392, 395-96 (4h Cir. 2005)); Klopfer v. Queens Gap Mountain, LLC, 816 F.Supp.2d 281, 292 (W.D.
discussed Cited as authority (rule) Donnelly v. Linden Capital Partners III LP
D.S.C. · 2020 · confidence medium
It does not matter if Plaintiff has relied on the terms of the Services Agreement to make his claim because Plaintiff has not in any way relied on provisions of the Arbitration Agreement in his complaint”); Brantley, 424 F.3d at 396 (“The lawsuit in the current case deals with Republic Mortgage's insurance premiums, and an allegation that these premiums were increased due to information contained in the plaintiffs' credit histories.
cited Cited as authority (rule) Aliff v. Vervent, Inc.
S.D. Cal. · 2020 · confidence medium
Ins. 10 Co., 424 F.3d 392, 396 (4th Cir. 2005)).
cited Cited as authority (rule) Castaneda v. Volt Management Corp.
W.D. Tex. · 2020 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (applying South Carolina law); M45 Dealer Serv.
discussed Cited as authority (rule) Kandavilli v. Gadiyaram (2×)
D. Maryland · 2020 · confidence medium
Co., 424 F.3d 392, 393-96 (4th Cir. 2005)) (omission in original).
cited Cited as authority (rule) Patrick Weckesser v. Knight Enterprises S.E., LLC
4th Cir. · 2018 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005).
cited Cited as authority (rule) Bluestem Brands, Inc. d/b/a Fingerhut v. Darlene Shade
W. Va. · 2017 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005)) (emphasis added).
discussed Cited as authority (rule) Weckesser v. Knight Enterprises S.E., LLC
D.S.C. · 2017 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (quoting MS Dealer Serv.
examined Cited as authority (rule) Big League Analysis, LLC v. Office of the Comm'r of Baseball (3×) also: Cited "see"
N.C. Bus. Ct. · 2016 · confidence medium
This arises where “each of a signatory's claims against a nonsignatory ‘makes reference to’ or presumes the existence of the written agreement, the signatory's claims ‘arise[] out of and relate[] directly to the [written] agreement . . .’” Id. at 396.
cited Cited as authority (rule) Barker v. Fox Den Acres, Inc. (In re Barker)
Bankr. W.D.N.C. · 2014 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir.2005) (quoting MS Dealer Serv.
cited Cited as authority (rule) Guttenberg v. Emery
D.C. Cir. · 2014 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005), supports their argument, but it does not.
cited Cited as authority (rule) Guttenberg v. Emery
D.D.C. · 2014 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005), supports their argument, but it does not.
discussed Cited as authority (rule) East West Bank v. Bingham
W.D. Wash. · 2014 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) in noting that there were no allegations of collusion or misconduct by the signatory to the arbitration agreement); Brantley, 424 F.3d at 396 (citing Eleventh Circuit for proposition that equitable estoppel is appropriate when the signatory raises allegations of substantially interdependent and concerted misconduct by both the non-signatory and one or more of the signatories to the contract, and concluding that plaintiffs' claim did not raise allegations of collusion or misconduct by signatory).
discussed Cited as authority (rule) United States ex rel. TGK Enterprises, Inc. v. Clayco, Inc.
E.D.N.C. · 2013 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir.2005) (recognizing that arbitration with a non-signatory may be appropriate “[w]hen each of a signatory’s claims against a nonsignatory makes reference to or presumes the existence of the written agreement, and the signatory’s claims arise out of an relate directly to the written agreement”) (citations omitted).
discussed Cited as authority (rule) In re A2P SMS Antitrust Litigation (2×) also: Cited "see, e.g."
S.D.N.Y. · 2013 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (applying the same general test in the Fourth Circuit); Chikar, 75 Va. Cir. 337 , 2008 WL 6759965 , at *7-8 (applying the test in Virginia state court).
discussed Cited as authority (rule) In re Titanium Dioxide Antitrust Litigation (2×) also: Cited "see"
D. Maryland · 2013 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir.2005)); or (2) when the signatory raises allegations of “substantially interdependent or concerted misconduct by both the nonsignatory and one or more signatories to the contract,” see Brantley, 424 F.3d at 396 (quoting MS Dealer Serv.
cited Cited as authority (rule) Amrish Rajagopalan v. Noteworld, Llc
9th Cir. · 2013 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005)), NoteWorld may not compel Rajagopalan to arbitrate his claims on the basis of equitable estoppel.
discussed Cited as authority (rule) Mark F. Bailey v. ERG Enterprises, LP
11th Cir. · 2013 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) (“The district court correctly found that the mere existence of a loan transaction requiring plaintiffs to obtain mortgage insurance cannot be the basis for finding their federal statutory claims ... to be intertwined with that contract.”).
discussed Cited as authority (rule) Bahamas Sales Associate, LLC v. Donald Cameron Byers
11th Cir. · 2012 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) (“The district court correctly found that the mere existence of a loan transaction requiring plaintiffs to obtain mortgage insurance cannot be the basis for finding their federal statutory claims ... to be intertwined with that contract.”).
cited Cited as authority (rule) Aggarao v. MOL SHIP MANAGEMENT CO., LTD.
4th Cir. · 2012 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) (quoting MS Dealer Serv.
cited Cited as authority (rule) Lenox MacLaren Surgical Corp. v. Medtronic, Inc.
10th Cir. · 2011 · confidence medium
Co., 424 F.3d 392, 395 (4th Cir.2005); Grigson v. Creative Artists Agency L.L.C., 210 F.3d 524, 528 (5th Cir.2000).
cited Cited as authority (rule) KINGSLEY CAPITAL MANAGEMENT, LLC v. Sly
D. Ariz. · 2011 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir.2005); Denney v. BDO Seidman, L.L.P., 412 F.3d 58, 70 (2d Cir.2005); Grigson v. Creative Artists Agency, L.L.C., 210 F.3d 524, 527 (5th Cir.2000).
examined Cited as authority (rule) Klopfer v. Queens Gap Mountain, LLC (3×) also: Cited "see"
W.D.N.C. · 2011 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005).
discussed Cited as authority (rule) Barbara Elizabeth Lawson v. Life of the South Insurance Company
11th Cir. · 2011 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005) (holding equitable estoppel did not apply because “the mere existence of a loan transaction requiring plaintiffs to obtain [credit] insurance cannot be the basis for finding their . . . claims, which are wholly unrelated to the underlying [credit] agreement, to be intertwined with that contract,” and “the plaintiffs never attempted to rely on the [credit] contract to establish their claims” (quotation marks and alteration omitted)). 20 PRYOR, Circuit Judge, concurring: I concur in the result, but for a different reason.
discussed Cited as authority (rule) Barbara Elizabeth Lawson v. Life of the South Insurance Company
11th Cir. · 2011 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005) (holding equitable estoppel did not apply because “the mere existence of a loan transaction requiring plaintiffs to obtain [credit] insurance cannot be the basis for finding their . . . claims, which are wholly unrelated to the underlying [credit] agreement, to be intertwined with that contract,” and “the plaintiffs never attempted to rely on the [credit] contract to establish their claims” (quotation marks and alteration omitted)). 20 PRYOR, Circuit Judge, concurring: I concur in the result, but for a different reason.
discussed Cited as authority (rule) Barbara Elizabeth Lawson v. Life of the South Insurance Company (2×)
11th Cir. · 2011 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir. 2005) (holding equitable estoppel did not apply because “the mere existence of a loan transaction requiring plaintiffs to obtain [credit] insurance cannot be the basis for finding their . . . claims, which are wholly unrelated to the underlying [credit] agreement, to be intertwined with that contract,” and “the plaintiffs never attempted to rely on the [credit] contract to establish their claims” (quotation marks and alteration omitted)). 20 PRYOR, Circuit Judge, concurring: I concur in the result, but for a different reason.
cited Cited as authority (rule) QPro Inc. v. RTD QUALITY SERVICES USA, INC.
S.D. Tex. · 2011 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir.2005) (citing MS Dealer Serv.
cited Cited as authority (rule) Aggarao v. Mitsui O.S.K. Lines, Ltd.
D. Maryland · 2010 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) (internal citations omitted).
cited Cited as authority (rule) Tattoo Art, Inc. v. TAT International, LLC
E.D. Va. · 2010 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) (quoting MS Dealer Serv.
cited Cited as authority (rule) Donaldson Company, Inc. v. Burroughs Diesel, Inc.
8th Cir. · 2009 · confidence medium
Co., 424 F.3d 392, 395 (4th Cir. 3 In February 2008, the plaintiff-buyers settled with Burroughs, Western Star, and Donaldson, dismissing their claims.
cited Cited as authority (rule) Donaldson Co., Inc. v. Burroughs Diesel, Inc.
8th Cir. · 2009 · confidence medium
Co., 424 F.3d 392, 395 (4th Cir.2005) (“District court decisions determining the scope of arbitration agreements are generally reviewed de novo....
cited Cited as authority (rule) Kirsh v. Finova Group, Inc.
4th Cir. · 2007 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005).
cited Cited as authority (rule) United States Ex Rel. Coastal Roofing Co. v. P. Browne & Associates, Inc.
D.S.C. · 2007 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir.2005) (quoting MS Dealer Serv.
discussed Cited as authority (rule) Amstar Mortgage Corp. v. Indian Gold, LLC
S.D. Miss. · 2007 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005) ("This claim is a statutory remedy under the Fair Credit Reporting Act and is wholly separate from any action or remedy for breach of the underlying mortgage contract that is governed by the arbitration agreement ... the mere existence of a loan transaction requiring plaintiffs to obtain mortgage insurance cannot be the basis for finding their federal statutory claims, which are wholly unrelated to the underlying mortgage agreement, to be intertwined with that contract.”). 6 .The complaint alleges generally that the "Defendants breached their contractual…
discussed Cited as authority (rule) In Re Merrill Lynch Trust Co. FSB (2×)
Tex. · 2007 · confidence medium
Co., 424 F.3d 392, 396 (4th Cir.2005); Bridas S.A.P.I.C. v. Gov't of Turkmenistan, 345 F.3d 347, 360-61 (5th Cir.2003); Westmoreland v. Sadoux, 299 F.3d 462, 467 (5th Cir.2002); Humana, 285 F.3d at 976. [34] See Am.
discussed Cited as authority (rule) Karnette v. Wolpoff & Abramson, L.L.P.
E.D. Va. · 2006 · signal: cf. · confidence medium
Cf. Brantley v. Republic Mortgage, 424 F.3d 392, 396-97 (4th Cir.2005) (finding Republic was not a third party beneficiary of the arbitration clause because “the language of the [contract] does not clearly indicate that, at the time of contracting, the parties intended to provide [Republic] with a direct benefit.”).
examined Cited as authority (rule) American Bankers Insurance v. Long (4×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2006 · confidence medium
Co., 424 F.3d 392, 395-96 (4th Cir. 2005) (quoting MS Dealer Serv.
Retrieving the full opinion text from the archive…
Kenisha BRANTLEY; Greg Brantley, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees,
v.
REPUBLIC MORTGAGE INSURANCE COMPANY, Defendant-Appellant
05-1047.
Court of Appeals for the Fourth Circuit.
Sep 28, 2005.
424 F.3d 392
ARGUED: Benjamin Rush Smith, III, Nelson, Mullins, Riley & Scarborough, Columbia, South Carolina, for Appellant. Kathleen Clark Knight, James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, Florida, for Appellees. ON BRIEF: Tha-deous H. Westbrook, III, Nelson, Mullins, Riley & Scarborough, Columbia, South Carolina; William L. Kirkman, Bourland, Kirkman, Seidler, Jay & Michel, L.L.P., Fort Worth, Texas, for Appellant. Terry A. Smiljanich, James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, Florida; T. English McCutchen, William E. Hopkins, Jr., MeCutchen, Blanton, Johnson & Barnette, Columbia, South Carolina, for Appellees., Before WIDENER and MOTZ, Circuit Judges, and ROBERT E. PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.
Widener, Motz, Payne.
Cited by 71 opinions  |  Published

OPINION

WIDENER, Circuit Judge.

This case arises from alleged violations by the defendant, Republic Mortgage Insurance Company, of the Fair Credit Reporting Act, 15 U.S.C. § 1681-1681t. Republic Mortgage filed a motion to compel arbitration and dismiss the action or, in the alternative, stay the action pending arbitration. The district court denied Republic’s motion, finding that Republic Mortgage, as a nonsignatory to the arbitration agreement, could not enforce the agreement to arbitrate against the plaintiffs, Kenisha and Greg Brantley. We affirm.

I.

In August 2003, the plaintiffs bought a home in Beaufort, SC. Because they financed the entire cost of the home, their mortgage lender, SouthStar Funding, L.L.C., required them to obtain private mortgage insurance. The plaintiffs obtained mortgage insurance from Republic Mortgage, and their mortgage insurance premium was set at $590.43 per month. [1]

The Brantleys contend that Republic Mortgage did not give them the lowest premium available and that Republic Mortgage never informed them that their premium was increased based on information contained in their consumer credit reports. Further, the plaintiffs complain that Republic Mortgage never advised them of the consumer reporting agency from which it received the information, nor that they could obtain a copy of that report and dispute entries it contained under the Fair Credit Report Act (FCRA). The plaintiffs allege that when Republic Mortgage increased their insurance premium based on information in their credit report, it was required to provide them with an “adverse action notice” pursuant to the FCRA. 15 U.S.C. § 1681m. Finally, the plaintiffs allege that these actions constituted either willful, or negligent, or both, violations of the FCRA.

In connection with the mortgage loan transaction, the plaintiffs entered into a separate arbitration agreement with the mortgage lender, SouthStar, which provided

Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising from or related to the loan evidenced by the Note shall be resolved, upon the election of either Borrower or Lender, by binding arbitration, and not by court action, except as provided under “Exclusions from Arbitration” below. Such claims which shall be arbi[*395] trated include, but are not limited to, all: statutory and regulatory claims; any claim, dispute or controversy that may arise out of or is based on the relationships which result from the Borrower’s application to the broker or lender for the loan, the closing of the loan, or the servicing of the loan; or any dispute or controversy over the applicability or enforceability of this arbitration agreement or the entire agreement between Borrower and Broker or between Borrower and Lender (collectively “claim”).

The agreement further provided that the agreement would apply “no matter by whom or against whom a claim is made.”

The Brantleys filed this suit on March 15, 2004. [2] On September 22, 2004, Republic Mortgage, which had not signed the arbitration agreement, moved to compel arbitration and to dismiss or stay the plaintiffs action. The district court, on December 1, 2004, denied Republic Mortgage’s motion to compel arbitration and dismiss or stay the action. This appeal by Republic Mortgage followed.

II.

Republic Mortgage claims that the district court erred in denying its motion to compel arbitration and dismiss or stay the action. Specifically, it contends that, despite being a nonsignatory to the arbitration agreement, its insurance contract is so intertwined with the mortgage and arbitration contracts between the plaintiffs and SouthStar that it should receive the benefit of the arbitration agreement. Alternately, Republic Mortgage argues that it is a third-party beneficiary of the arbitration contract, and is thus entitled to enforce arbitration on those grounds.

The principal issue in this appeal is whether equitable estoppel allows Republic Mortgage to claim the benefit of the arbitration agreement between the plaintiffs and SouthStar.

District court decisions determining the scope of arbitration agreements are generally reviewed de novo since a review of orders compelling or refusing to compel arbitration is a matter of contract interpretation. United, States v. Bankers Ins. Co., 245 F.3d 315, 319 (4th Cir.2001).

However, in cases such as the present one, the arbitration order does not rest on a term of the contract, rather upon the application of equitable estoppel. See Int’l Paper Co. v. Schwabedissen Maschinen & Anlagen GMBH, 206 F.3d 411, 417-18 (4th Cir.2000) (holding that a signatory to an arbitration agreement may be bound by a nonsignatory through the doctrine of equitable estoppel). We review such equitable estoppel decisions for abuse of discretion. See Grigson v. Creative Artists Agency L.L.C., 210 F.3d 524, 528 (5th Cir.2000).

The district court determined that Republic Mortgage could only estop the plaintiffs from avoiding arbitration if the case met the intertwined claims test. See Long v. Silver, 248 F.3d 309, 320-21 (4th Cir.2001). The Eleventh Circuit has provided a clear statement of the intertwined claims test, which we apply here:

Existing case law demonstrates that equitable estoppel allows a nonsignatory to compel arbitration in two different circumstances. First, equitable estoppel applies when the signatory to a written agreement containing an arbitration clause must “rely on the terms of the[*396] written agreement in asserting [its] claims” against the nonsignatory. When each of a signatory’s claims against a nonsignatory “makes reference to” or “presumes the existence of’ the written agreement, the signatory’s claims “arise[] out of and relate[] directly to the [written] agreement,” and arbitration is appropriate. Second, “application of equitable estoppel is warranted ... when the signatory [to the contract containing the arbitration clause] raises allegations of ... substantially interdependent and concerted misconduct by both the nonsignatory and one or more of the signatories to the contract.” Otherwise, “the arbitration proceedings [between the two signatories] would be rendered meaningless and the federal policy in favor of arbitration effectively thwarted.”

MS Dealer Serv. Corp. v. Franklin, 177 F.3d 942, 947 (11th Cir.1999) (citations omitted).

In the present case, as the district court correctly concluded, Republic Mortgage can satisfy neither of these requirements.

The lawsuit in the current case deals with Republic Mortgage’s insurance premiums, and an allegation that these premiums were increased due to information contained in the plaintiffs’ credit histories. This claim is a statutory remedy under the Fair Credit Reporting Act and is wholly separate from any action or remedy for breach of the underlying mortgage contract that is governed by the arbitration agreement. Although the mortgage insurance relates to the mortgage debt, the premiums of the mortgage insurance are separate and wholly independent from the mortgage agreement. The district court correctly found that the mere existence of a loan transaction requiring plaintiffs to obtain mortgage insurance cannot be the basis for finding their federal statutory claims, which are wholly unrelated to the underlying mortgage agreement, to be intertwined with that contract.

Likewise, the plaintiffs’ claim does not raise allegations of collusion or misconduct by SouthStar necessary to satisfy the second means of obtaining equitable estoppel. Instead, the plaintiffs’ claim is based entirely on actions taken by Republic Mortgage, a nonsignatory to the arbitration agreement. The plaintiffs’ claims against Republic Mortgage do not implicate SouthStar in any wrongdoing.

Thus, the district court correctly concluded that the plaintiffs “never attempted] to rely on the contract to establish their claims, nor [did] they allege concerted action between Republic and SouthStar.” Because this conclusion is appropriately drawn from the facts presented to the district court, we affirm the district court’s decision that the Brantleys are not equitably estopped from denying a contractual obligation to arbitrate with the non-party (Republic Mortgage) to the arbitration agreement.

III.

Republic Mortgage also argues that it is entitled to enforce the arbitration agreement as a third-party beneficiary of the arbitration contract. We reject this argument. As this court has held, “[i]n order to determine whether the parties intended [a nonsignatory] to be a third party beneficiary, we must look within ‘the four corners of the deed.’ ” R.J. Griffin & Co. v. Beach Club II Homeowners Ass’n, 384 F.3d 157, 164 (4th Cir.2004) (citing Gardner v. Mozingo, 293 S.C. 23, 358 S.E.2d 390, 392 (1987)). We do not differentiate between a deed and the underlying contract here.

Examining this, the district court observed that “the underlying contract[*397] makes no reference to Republic, nor does it mention the mortgage insurance transaction .... Republic is not entitled to third-party beneficiary status because ‘the language of the [contract] does not clearly indicate that, at the time of contracting, the parties intended to provide [Republic] with a direct benefit.’ ” (quoting Griffin, 384 F.3d at 165).

We are of opinion the district court correctly decided under Griffin that Republic was not entitled to arbitration as a third-party beneficiary.

The judgment of the district court is accordingly

AFFIRMED.

1

. Mortgage insurance obligates the insurer to underwrite the risk of default associated with the loan of the borrower, in this case the Brantleys. There is no contention in the case that the loan is in default.

2

. The plaintiffs styled this action as a class action. The district court, however, has not ruled on class certification and only considered the allegations specific to the Brantleys in its order. Our review does not decide anything with respect to the claimed class action.