Insurance firm claims IBA tried to force its closure

The Irish Brokers Association (IBA) deliberately set out to close a firm which had been a member of the association and to destroy that firm's reputation, it was claimed at the High Court yesterday. Mr Albert Dawson alleged the IBA was engaged in serious crime and was intent on destroying him so his allegations of fraud and wrongdoing against it would not be believed.

Mr Dawson (63) of Knockna shee, Goatstown, Dublin and his brother Dudley (59) of Maywood Drive, Raheny, Dublin are seeking damages from the IBA with offices at Merrion Square, Dublin.

The brothers, trading as A.E. Dawson and Sons, insurance brokers of Maywood Drive, Raheny, Dublin say they were defamed in a letter sent by the IBA in April 1992, in which it was stated their firm was no longer a member of the IBA.

Liability has been accepted by the IBA and the only task before the jury is to assess the amount of damages to be paid to the brothers. The Dawson brothers are representing themselves in the hearing. Yesterday, Mr Albert Dawson resumed his evidence.

He said the IBA had alleged - in its defamatory circular about the Dawson firm - that the firm had not complied with the Act.

In March 1992 the IBA planned to hold an annual general meeting in Killarney with members being given only abridged accounts six days beforehand, he said. This was illegal and in breach of the Companies Act, which required that full accounts be furnished at least 21 days beforehand. Mr Dawson said he wrote to the IBA pointing out that situation.

In April that year, the Dawson firm's membership of the IBA was terminated because of alleged non-compliance with the Insurance Act, he said. But the firm was not in any breach of the Act.

The IBA wrote a number of letters to his firm in an effort to make it back off in the investigation of the association's accounts, he said.

The hearing continues on Tuesday next.