A “Reasonable Time” Period does Exist

A reasonable time period does exist. The recent case of New Leaf Assets, LLC v. Jefrue, 50 Fla.L.Weekly D2673a (Fla. 4th DCA 2025) exemplifies this point. In this case, an investment agreement was entered – investors invested money in exchange for a percentage of membership interests. The agreement contained an option that gave the investors the option to exchange their membership interest for a refund of their investment, and the refund was backed by a personal guaranty. The investors attempted to exercise the option two years later, but the company notified them that it re-invested the money. The investors filed a...

20 February

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Ambiguity in Insurance Policy Interpreted in Favor of Insured

Posted by David Adelstein

in Trial Perspectives

When it comes to insurance policies, it is important to consider: If the relevant policy language is susceptible to more than one reasonable interpretation, one providing coverage and the other limiting coverage, the insurance policy is considered ambiguous. Ambiguous policy provisions are interpreted in favor of the insured. Security First Ins. Co. v. Vazquez, 47 Fla. L. Weekly D487b (Fla. 5th DCA 2022). Vazquez exemplifies an ambiguous insurance provision interpreted in favor of the insured. Here, the property insurance policy contained an endorsement with a $10,000 sublimit for, “Sudden and accidental direct physical loss to covered property by discharge of overflow of water or...

08 September

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Considerations when Enforcing or Challenging Restrictive Covenant

Posted by David Adelstein

in Trial Perspectives

A restrictive covenant that runs with the land places restrictions on the use of real property. As a result, “restrictive covenants must be strictly construed in favor of the free and unrestricted use of real property” and, with respect to any ambiguity in the covenant, “must be construed against the party seeking to enforce it.” Beach Towing Services, Inc. v. Sunset Land Associates, LLC, 44 Fla.L.Weekly D2195a (Fla. 3d DCA 2019). These are important things to remember when enforcing or challenging a restrictive covenant. For instance, in Beach Towing Services, the plaintiff purchased property that was subject to a restrictive covenant...

ambiguity Tag

A “Reasonable Time” Period does Exist

Ambiguity in Insurance Policy Interpreted in Favor of Insured

Considerations when Enforcing or Challenging Restrictive Covenant