Defamation claim by brokers' firm

A FIRM of insurance brokers claimed it was defamed by the Irish Brokers Association in a High Court action yesterday

A FIRM of insurance brokers claimed it was defamed by the Irish Brokers Association in a High Court action yesterday. The action has been taken by Mr Albert Dawson, of Knocknashee, Goatstown, Dublin, and his brother, Mr Dudley Dawson, of Maywood Drive, Raheny, Dublin, trading as A E Dawson and Sons, Maywood Drive, Raheny.

They claim that by circular of October 1st, 1991, the association required certain documentation from them to ensure that they, as members, were acting within the Insurance Act, 1989. The plaintiffs duly furnished a completed renewal form, evidence of compliance with the Act and an accountant's report of compliance, completed by Mr Albert Dawson, a qualified accountant.

In February, 1992, the association accepted payment tendered for the renewal subscription and a completed form, together with an accountant's report dated February 23th, 1992, completed by Mr Albert Dawson. However on March 9th, 1992, the association required the plaintiffs to supply an accountant's report from an "independent accountant/auditor".

Before March, 1992, the association had accepted reports prepared by Mr Albert Dawson. It is claimed the association's requirement was specified only after the plaintiffs had raised the manner in which the association's affairs were conducted.

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It is claimed that in April, 1992, the association advised the plaintiffs it would have no alternative but to advise the Department of Industry and Commerce, Insurance Intermediary Compliance Bureau and all insurance companies with whom the plaintiffs held agencies that from April 21st, 1992, the plaintiffs' membership of the association would be terminated. A letter to this effect was sent out on April 22nd,

The association admits the plaintiffs were members but denies that if they completed any renewal form or furnished an accountant's report that it accepted them.