# Fischer, Spuhl, Herzwurm & Associates, Inc. v. Forrest T. Jones & Co.

> Supreme Court of Missouri · September 11, 1979 · 586 S.W.2d 310

URL: https://www.frixlaw.com/law-library/cases/9662053

## Case

- **Full name:** FISCHER, SPUHL, HERZWURM & ASSOCIATES, INC., Et Al., Appellants, v. FORREST T. JONES & COMPANY, Et Al., Respondents
- **Court:** Supreme Court of Missouri
- **Decided:** September 11, 1979
- **Citations:** 586 S.W.2d 310; 1979 Mo. LEXIS 303
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bardgett
- **Judges:** Bardgett, Donnelly, Finch, Higgins, Morgan, Rendlen, Seiler, Welborn, Welliver
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9662053

## Opinion text

BARDGETT, Chief Justice,
concurring in part and dissenting in part.
I concur in the principal opinion except as to that part which reaffirms earlier holdings that the “old” antitrust statutes, sections 416.010-416.040, RSMo 1969, do not apply to life, health or accident insurance contracts. I agree that the earlier cases so held but I believe those cases were wrong. In my opinion, the “old” antitrust statutes which play some part in the instant case apply to insurance industry, company, or brokerage activities in connection with all forms of insurance. I would therefore reverse and remand for further proceedings on all counts.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9662053. Public record. Not legal advice.