Wengler v. Druggists Mutual Insurance Co.

On June 27, 1979, this Court held § 287.-240, RSMo Supp.1976, constitutional. Wengler v. Druggists Mutual Insurance Company, 583 S.W.2d 162 (Mo. banc 1979).

On April 22, 1980, in Wengler v. Druggists Mutual Insurance Co., — U.S. —, —, 100 S.Ct. 1540, 1547, 64 L.Ed.2d 107 (1980) the United States Supreme Court reversed and said:

“Thus we conclude that the Supreme Court of Missouri erred in upholding the constitutional validity of § 287.240. We are left with the question whether the defect should be cured by extending the presumption of dependence to widowers or by eliminating it for widows.…