Josh Tumen

Associate

Recent Publication:

Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property [Property Insurance Law Observer Blog]

In AMAG Pharmaceuticals, Inc. v. American Guarantee and Liability Insurance Company, the United States District Court for the District of Massachusetts held that a loose bolt or fitting that could be remedied simply by tightening it did not constitute “direct physical loss of or damage” to...

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, construction risks and defects, renewable energy losses, 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.

Experience

Publications

Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property [Property Insurance Law Observer Blog]

September 23, 2024

In AMAG Pharmaceuticals, Inc. v. American Guarantee and Liability Insurance Company, the United States District Court for the District of Massachusetts held that a loose bolt or fitting that could be remedied simply by tightening it did not constitute “direct physical loss of or damage” to...

Does a sagging floor constitute a “collapse”? Court finds ambiguity in “collapse.” [Property Insurance Law Observer Blog]

August 22, 2024

In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor merely sagged without completely falling to the ground....

Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water” [Property Insurance Law Observer Blog]

August 01, 2024

In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a commercial property insurance policy, was ambiguous in the context of...

Court Permits Parties to Cure Defective Diversity Jurisdiction in Suit Against Underwriters at Lloyd’s [Property Insurance Law Observer Blog]

June 13, 2024

In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the Southern District of New York permitted a plaintiff insured to drop...

Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds [Property Insurance Law Observer Blog]

March 25, 2024

In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance coverage as the named insured where the builder’s risk policy limited the...

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
  • U.S. Court of Appeals for the Second Circuit

Burton Blatt Institute, Syracuse University, Board of Advisors