Malone v. North Atlantic Life Insurance Co. of America

—Order affirmed without costs. Memorandum: Plaintiff appeals from an order of Supreme Court that granted defendant’s motion for partial summary judgment on the issue of the commencement date of the two-year contestability period of a life insurance policy and denied plaintiff’s cross motion for summary judgment. Plaintiff’s husband (decedent) applied for a $50,000 life insurance policy with defendant on May 7, 1990 and, on that day, tendered the first month’s premium and received a “Conditional Premium Receipt” (Receipt). The policy was issued on June 1, 1990. Decedent died from leukemia on…