A split U.S. Court of Appeals for the Sixth Circuit panel has found more than 7,000 American Family Insurance agents are independent contractors and not employees and are thus not able to pursue a class action arguing they should be eligible for inclusion in the insurer’s health and retirement plan.

An Ohio judge had certified the class after holding a 12-day advisory trial, at the conclusion of which the jury issued a verdict declaring the agents were employees and not independent contractors.