Whether direct remedies against an insurance company is available to a third party within the range of compulsory insurance

"Subject to certain exceptions a policy is not required to cover liability in respect of the death of, or bodily injury to, a person being carried in or upon, or entering or getting into or alighting from, the vehicle at the time of the occurrence of the event out of which the claim arises.

Anyone who travels as a passenger in a private car has, of course, a right of action against his host, if negligent driving of the host, or of the host's servant if he is driving within the scope of his employment, results in injuries to the passenger, but this may be a barren remedy if the host is insured only within the compulsory limits.

Even if the host has a wider insurance, the direct remedies against the insurance company available to a third party within the range of compulsory insurance will not be open to the passenger."

PER LEWIS J.S.C. The Lion Of Africa Insurance Company Ltd v. Mrs Stella Anuluoha. (1972) LPELR-3181(SC)