• Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit


University of Missouri-Columbia (B.S., political science)

Loyola University School of Law (J.D.)


  • Honorable Robert Cahill, Illinois Appellate Court for the First District
  • Honorable Thomas P. Durkin, Chancery Division of the Circuit Court of Cook County


Rosa M. Tumialán is a partner at Burke, Warren, MacKay & Serritella, P.C. Ms. Tumialán is a member of the firm's Litigation, Class Action and Appellate groups. She complements her practice with extensive judicial experience gained from clerkships in both the Illinois Appellate Court and the Chancery Division of the Circuit Court of Cook County.

Ms. Tumialán focuses her practice on insurance coverage litigation. Ms. Tumialán is an accomplished defense attorney with nearly twenty years of insurance coverage expertise. She represents insurers in complex coverage disputes relating to personal and commercial lines, third party claims, surplus lines and claims handling practices. Ms. Tumialán also assists with drafting coverage documents for insurance pools and the administration of same.  Ms. Tumialán also has extensive experience in defending class actions filed under the Telephone Consumer Protection Act (TCPA), Illinois Biometric Privacy Act (BIPA) as well as other consumer privacy statutes in both state and federal courts. Ms. Tumialán's experience in representing clients in what is often "bet the company" TCPA litigation has made her a lead defense attorney in this area as well as in litigation arising under other consumer privacy statutes such as the Illinois Biometric Privacy Act ("BIPA"). Ms. Tumialán is lauded for her ability to develop and employ unique and aggressive strategies for her clients in these evolving areas. Ms. Tumialán is routinely sought out by companies seeking TCPA and BIPA compliance analysis or those who face TCPA and BIPA liability. She also advises insurers on TCPA exposure and has served as national coordinating counsel for insurance clients who rely on her to develop and implement strategies nationwide, which includes daily monitoring of case law developments. She is often asked to opine on BIPA matters and represent clients named in BIPA class actions. Ms. Tumialán has also spoken on this statute which is the latest darling of the plaintiff class action bar.

Ms. Tumialán is also an appellate specialist. She has defended and prosecuted numerous appeals in both state and federal courts involving insurance coverage disputes, complex commercial matters, constitutional questions, banking (federal and state regulations concerning consumer lending) and mortgage foreclosures challenges.

Ms. Tumialán also authors and co-authors amicus briefs for national organizations such as the National Association of Mutual Insurance Companies, Michigan Insurance Coalition, Property Casualty Insurance Association of America and Insurance Institute of Michigan.

Ms. Tumialán is a graduate of the Loyola University School of Law. She joined the firm in 2020 after serving as a litigation partner at a national firm. She completed a clerkship with the Honorable Robert Cahill of the Illinois Appellate Court for the First District in 2003. Her tenure with the state appellate court was preceded by a clerkship with the Honorable Thomas P. Durkin of the Chancery Division of the Circuit Court of Cook County.


Significant decisions

  • State Farm v. Matthews, 2016 IL App (1st) 143672-U
  • Bridgeview Health Care Center, Ltd. v. State Farm Fire & Casualty Company, 2014 IL 116389
  • G.M. Sign v. State Farm Fire and Casualty Company, 2014 IL App (2d) 130593
  • Wilder Chiropractic, Inc. v. State Farm Fire & Casualty Co., 2014 IL App (2d) 130781
  • Bridgeview v. State Farm, 2013 IL App. (1st) 12190
  • Byer Clinic v. State Farm, 2013 IL App. (1st) 113038
  • GM Sign, Inc. v. Schane and State Farm Fire & Casualty Co., 2013 IL App. (2d) 120434
  • CitiMortgage, Inc. v. Parker; 2012 Ill. App. (3d) 11723-U
  • Leja v. Community Unit School District 300; 2012 Ill. App. (2d) 120156 
  • Matrix IV v. American National Banket al, 649 F.3d 539 (7th Cir. 2011)
  • White v. The Burlington Insurance Co., 1-10-3829 (First District Appellate Court, unpublished order dated October 26, 2011)
  • State Farm v. Iacullo, et al, 1-10-0156 (First District Appellate Court, unpublished order dated March 31, 2011)
  • Medmarc Casualty Insurance Company v. Avent America, et al, 600 F.3d 763 (7th Cir.2010)
  • Vilardo v. Barrington Community School Dist. 220, 406 Ill. App. 3d 713, 941 N.E. 2d 257 (2d Dist. 2010)
  • Asher v. Chase Bank USA, N.A., 310 Fed. Appx. 912, 2009 WL 465083, 2009 U.S. App. LEXIS 3733 (7th Cir. 2009)
  • State Farm Fire and Casualty Company v. Perez, 387 Ill.App.3d 549, 899 N.E.2d 1231 (2008)

Honors & Awards

  • Recognized in The Best Lawyers in America® for Insurance Law and Insurance Litigation, 2020 and 2021. Copyright 2015 by Woodward/White, Inc., Aiken, SC
  • Recognized in Crain's Chicago Business 2018 List of Notable Women Lawyers in Chicago
  • Recognized in Crain's Chicago Business special report "2018 Chicago’s Notable Minority Lawyers"
  • Named a Litigation Future Star by Benchmark Litigation, 2014-2020
  • Recognized in Illinois Super Lawyers® for General Litigation, Class Action/Mass Torts Defense, Appellate and Insurance Coverage, 2011-Present
  • Named an Illinois Rising Star by Law & Politics, 2010
  • Award for Excellence in Pro Bono and Public Interest Service 2008
  • Named one of the 40 under 40 Attorneys to Watch, Chicago Daily Law Bulletin 2008


  • Women's Bar Association, Member, 2003-2014; Director 2006-2011; Officer 2011-2013
  • Defense Research Institute (DRI), Member 2004 to present; In-House Defense Quarterly, Co-Editor

Speaking engagements:

  • Managing the Complex Coverage Dispute-December 2019 DRI Insurance Coverage Practice Symposium
  • SCOTUS Review and Preview- September 17, 2019
  • Pathway to Partnership, Hispanic Lawyers Association of Illinois and Hispanic National Bar Association March 6, 2019
  • The Illinois Biometric Information Privacy Act (BIPA): Implications in Light of Rosenbach February 12, 2019
  • SCOTUS Review and Preview-September 18, 2018
  • The Illinois Biometric Information Privacy Act: Litigation Risks and Best Practices for Employers and Others—March 7, 2018
  • Navigating Litigation and Compliance Issues Associated with the Telephone Consumer Protection Act—June 20, 2017
  • The Telephone Consumer Protection Act: Why Compliance Matters Now and How to Protect Your Business- September 2016


  • “Cannabis Cos. Can’t Ignore TCPA Compliance”; August 28, 2020, Law360
  • "Why Cannabis Companies Need to Care About the TCPA"; August 19, 2020, NextGen Financial Services Report
  • "The Big TCPA Case That Wasn’t"; July 10, 2020, The Firewall
  • "Will COVID-19 Finally Prompt a Federal Privacy Law?"; April 22, 2020
  • "A BIPA Defense Victory—If You Squint"; October 4, 2019, The Firewall
  • "The Next Generation of Data Privacy Liability Coverage"; May 2019, For The Defense
  • "Is the Illinois Legislature Rethinking BIPA?"; March 26, 2019, The Firewall



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Chicago, Illinois 60611-3607
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