Whether an insurer can be joined as party in a suit brought against an insured

"Under the common Law, the plaintiff in this matter, could not have joined the appellant as a party to the suit brought against the persons said to be responsible for the plaintiffs' injuries.

However, Section 11 of the Insurance (Special Provisions) Decree No. 40 of 1988 altered the position. The section provides: "11. Where a third party is entitled to claim against an insured in respect of a risk insured against, he shall have a right to join the insurer of that risk in an action against the insured in respect of the claim: provided that before bringing an application to join the insurer, the third party shall have given to the insurer at least thirty days notice of the pending action and of his intention to bring the application."

Per OGUNTADE, J.C.A. in Unity Life & Fire Ins. Co. v. Ladega (1996) 1 NWLR (Pt. 427)