Belmont, MI asked in Contracts, Estate Planning, Insurance Bad Faith and Consumer Law for Michigan

Q: Does "best of my knowledge and belief" also cover recollection?

*****I am in the process of applying for life insurance.*****

During the process, I am asked to provide fairly detailed answers to the health questions (dates, numbers of dosages taken, etc.). And, some of the answers are about things that happened 15 or 20 years ago. At the end of the application, I am asked to verify -- at the risk of having a claim denied -- that my answers are accurate "to the best of my knowledge and belief".

Here's my question: In this scenario, does "knowledge and belief" cover "recollection" -- legally speaking?

For the record, during the interview, I was as transparent as I could possibly be. I gave the most accurate and complete answers I could. However, there were many questions to which I could only honestly answer "I don't know" (dates, for example). But, I was pressed to provide a date and told the interview couldn't proceed without one. I'm concerned that this is the perfect opportunity for a "gotcha!" claim denial.

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.

If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.

It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in whatever field this concerns (personal injury? Auto insurance? Life insurance? .... whatever it is about) and provide him or her more detail.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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