Radius

This action was brought by appellant as beneficiary under a policy of insurance issued by respondent company on the life of Walter A. Radius in the face amount of $7,500. The policy in question provides for the payment of the principal sum of $7,500 if death shall be caused “from bodily injury effected directly and independently of all other causes, through accidental means (suicide, sane or insane, not covered). * * *”

Since the death of Walter A. Radius has been the subject of two other appeals to this court, we refer, for the details so far as material, to the decision of this court in Wells Fargo Bank & Union Trust Co. v. Mutual Life Insurance Co. of New York, 66 F. (2d) 890.

There was also involved in this case the question whether or not Walter A. Radius” was an officer or employee of the Barnard Hirsch Company. This question arose after payment by the insurer of $2, 500 to the widow of the deceased, claimed in the cross-complaint to have been made under mistake of fact, in that Walter A. Radius at the date of his death was neither an officer nor employee of the Barnard Hirsch Company; that the payment was made on a group life policy which covered only persons in the…