Freis v. Canales

Relators in this original mandamus proceeding request that an order of the district court compelling binding arbitration be set aside. For reasons that follow, we conditionally grant the relief sought.

HGL, Inc. built and sold a home to Brad and Donna Freis in accordance with a contract which included a “Home Buyers Warranty”. The warranty was insured by a cer-tifícate issued by National Home Insurance Company. Asserting that their home had begun to shift on its foundation, the Freis gave notice to NHIC of a claim under the warranty and filed suit against HGL and others. NHIC denied the claim.…