Josh Tumen

Associate

Recent Publication:

Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado [Property Insurance Law Observer Blog]

In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....

Josh represents international and domestic insurers as litigation and coverage counsel in first-party property matters. He focuses his practice on issues arising out of, but not limited to, renewable energy losses, construction risks and defects, natural disasters, and fraud. Josh is also well-versed in handling related time element losses and bad faith claims. He is a trusted adviser in developing litigation strategies, evaluating and reducing risk, interpreting policy language, and claims handling.

Before joining the firm, Josh was an associate with a Global 100 firm, where he also focused on first-party property insurance coverage matters. Before that, he was an associate with a leading national firm, where he represented financial institutions, large corporations, and insurance companies in a wide range of complex commercial disputes, including business torts, breach of contract, health care litigation, breach of fiduciary duty, fraud, false advertising, and ADA accessibility claims.

Josh earned his B.A. from the University of Delaware and his J.D. from the Syracuse University College of Law.

Publications

Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado [Property Insurance Law Observer Blog]

February 14, 2024

In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....

Court Issues First LEG3 Defects Exclusion Decision [Property Insurance Law Observer Blog]

January 16, 2024

Introduction In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London...

Extreme Weather And Renewable Project Insurance Coverage

October 18, 2023

Law360 published the “Extreme Weather And Renewable Project Insurance Coverage” Expert Analysis column written by Paul Ferland and Joshua Tumen.

Impact of Climate Change on Coverage under Builder’s Risk Insurance Policies for Renewable Energy Projects

September 22, 2023

Paul C. Ferland and Joshua Tumen contributed the practice note “Impact of Climate Change on Coverage under Builder’s Risk Insurance Policies for Renewable Energy Projects” for Lexis+ and Practical Guidance Insurance.

Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered [Property Insurance Law Observer Blog]

August 29, 2023

The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian Security Insurance (“Meridian”) insured Flemming Hoff (“Hoff”). After filing...

Industry Sectors

Education

  • Syracuse University, J.D., 2015
  • University of Delaware, B.A., 2011
  • New York
  • New Jersey
  • Florida
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Southern District of Florida

Burton Blatt Institute, Syracuse University, Board of Advisors