February 9, 2026

ARIZONA – Co-Managing Partner Arron Nesbitt and Associate Kerith Willard successfully secured a total defense victory in a defamation suit brought against an insurance company and its third-party administrator (hereinafter referred to as TPA). By obtaining a Motion for Summary Judgment, the QPWB team effectively safeguarded their clients from an undetermined amount of claimed damages, resulting in a $0 final award.

Overview of the Case

The Arizona defense team was retained to represent an insurance carrier and its TPA in a defamation action initiated by an individual claimant. The litigation stemmed from statements allegedly made by an insurance adjuster in response to an official inquiry from the Arizona Department of Insurance. The Plaintiff alleged that these statements were false and defamatory, seeking significant damages for the claimed harm to his reputation.

Key Difference-Makers

• Arron Nesbitt – Co-Managing Partner, Denver
• Kerith Willard – Associate, Denver

Claims Made Against Our Client

The Plaintiff’s complaint centered on a single cause of action for defamation. The Plaintiff argued that the adjuster’s communications with state regulators contained false assertions that damaged his standing. Opposing counsel presented the argument that the adjuster acted with negligence by failing to verify the truth of the allegations before submitting them to the Department of Insurance.

Defense Strategy

The defense team approached the case with a two-pronged legal strategy. First, they argued that the statements complained of were not defamatory as a matter of law. Next, they maintained that even if the statements were deemed defamatory, they were protected under a qualified privilege. The team asserted that the adjuster had a clear legal and social duty to respond to the Arizona Department of Insurance’s regulatory inquiry, providing a robust layer of protection for the client’s communications.

The team focused its discovery efforts on the specific process under which the statements were made. By maintaining a rigorous focus on the context of the communication, the defense obtained key admissions from the Plaintiff during discovery that ultimately proved fatal to his case.

Impact on Final Outcome

The strategy proved decisive when the court granted the Defendants’ Motion for Summary Judgment. The team secured this outcome by demonstrating that the Plaintiff could not overcome the legal hurdles of the qualified privilege. By successfully establishing this defense, the QPWB team neutralized the Plaintiff’s ability to proceed to trial, resulting in a total defense victory and the complete dismissal of all claims.

Unique Aspects of the Case

The most unique aspect of this case was the court’s application of the qualified privilege despite potential factual disputes. While the court concluded there were questions of fact regarding the truthfulness of the statements, it found no issue in ruling that the communications were nevertheless protected as a matter of law. This decision underscores the strength of the defense’s argument that a professional duty to respond to state regulatory inquiries provides a robust shield against defamation claims.

Predicting the Future

This victory continues to demonstrate the aggressive and strategic nature with which QPWB attorneys approach cases to effectuate the best outcomes for our clients. Such victory reinforces the firm's commitment to protecting client interests through high-level analysis and proactive litigation management in complex legal environments.

Key Actions in This Case

• Strategic Discovery: Focused investigation on the specific regulatory context and the process of the communications made to the Department of Insurance.
• Securing Crucial Admissions: Obtained critical admissions from the Plaintiff that undermined the core of his defamation claims.
• Privilege Advocacy: Successfully argued that regulatory communications carry a social and legal duty that shields them from liability.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.