Ex Parte Rush

In May 1986, Allied-Bruce Terminix Companies, Inc. ("Terminix"), issued a "termite protection plan" to Steve Rush, who was, and is, married to Kim Rush. "The termite plan was issued in the name of Steve Rush only and was not issued [to and did not] contain the name of Kim Rush." Mandamus Petition, at 5. Neither of the Rushes ever signed the plan, which contained an arbitration clause.

After keeping the plan in force for the next 9-10 years, the Rushes — in separate complaints — sued Terminix, alleging that Terminix had "perpetrated various frauds" against them. The trial court granted…