James P. Lemieux

James Lemieux, a litigation and trial partner, practices insurance bad faith and coverage litigation, personal injury defense, fraud/SIU investigations, and small business claims involving contracts and fraud.  He also handles broker/agent liability cases involving their liability for placement of coverage on auto, homeowners’ and commercial liability policies, including a matter where the broker failed to place coverage for a large parking valet company which involved over 20 different claims that were not covered as a result.  He has extensive appellate experience, handling over 20 matters in both the California Court of Appeal and the 9^th Circuit, with a high record of success and five published opinions.  For example, in Miranda v. 20th Century, he created new law in California that a UM arbitration could be dismissed by a court as a discovery sanction.  In Barnett v. First National, Mr. Lemieux convinced the Court of Appeal to overturn Weinberg v. Safeco, thereby now permitting joint C.C.P. 998 demands to a husband and wife where the suit involves a community property interest.  In Carachure v. Scott, he was the underlying trial counsel who successfully asserted an affirmative defense of settlement for $15,000, in a bifurcated trial, against a catastrophically injured plaintiff.  That verdict was upheld on appeal and, in a published portion of the opinion, the Court allowed a partial non-suit of an element of the affirmative defense claim based on admissions of opposing counsel in his opening statement, thereby streamlining the remaining issues for the case.

Mr. Lemieux’s career is focused on insurance litigation, ranging from the defense of serious injury/wrongful death actions, to defending insurance bad faith claims (including directly handling over 100 claims arising from the Northridge earthquake), prosecuting declaratory relief actions, and taking over 100 EUOs in suspected fraud claims.  In Barnett v. First National, following a 4-week breach of contract and bad faith jury trial, the jury returned an 11-1 defense verdict after only an hour of deliberations; the jury found no coverage for the water loss—despite the fact that each adjuster handling the loss admitted on the stand that they felt coverage did exist.  He has also authored several hundred coverage opinions for auto, CGL, homeowners and life and disability insurance policies, as well as assisting carriers with fraud investigations under auto and homeowners policies, with extensive experience in fire and water losses investigations and suits.

Mr. Lemieux has also represented numerous dentists involved with the purchase and sale of a dental practice with allegations of contract breaches and fraud.  In a 2012 trial, he represented a buyer of a $1.2 million dental practice and, after a 5-week jury trial, established fraud by clear and convincing evidence by the seller on multiple counts on a 12-0 poll and obtained a judgment for our client of $1.8 million, plus attorney fees and costs.  Given the trial findings, the defendant was unable to discharge the debt in bankruptcy.

EDUCATION

• Pepperdine University, School of Law, JD, 1993
• Bryant University, Finance and Economics, BA, 1990

BAR INFORMATION

• California, 1993
• United States District Court, Central District of California, 1994
• 9^th Circuit Court of Appeals, 2002
• United States District Court, Northern District of California, 2005

• United States District Court, Southern District of California, 2006
• United States District Court, Eastern District of California, 2010

PUBLISHED DECISIONS

• National Union Fire Ins. Co. v. Nationwide Ins. Co. (1999) 69 Cal.App.4th 709
• Miranda v. 21st Century Insurance Company (2004) 117 Cal.App.4th 913
• Safeco Insurance v. Fireman’s Fund (2007) 148 Cal.App.4th 620
• Barnett v. First National Ins. Company of America (2010) 184 Cal.App.4th 1454
• Carachure v. Scott (2021) 70 Cal.App.5th 16

James P. Lemieux

Demler, Armstrong & Rowland, LLP

4500 East Pacific Coast Highway, Fourth Floor

Long Beach, CA 90804

562-391-2488 Direct Dial (Office)

562-760-1720 (Cell)

562-494-3958 Facsimile