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
Answered
  • Estate Planning Lawyer
  • Howell, 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.