Dissenting Opinion by
Mr. Justice Cohen:While I recognize as does the majority that our ruling in Fields v. Philadelphia Rapid Transit Co., 273 *484Pa. 282, 117 Atl. 59 (1922), is salutary, I cannot agree that the rule in Fields should not be subjected to an exception when insurance is involved so as to permit recovery in the present action. In my view, there is substantial justification for a different rule when an insurance company has been subrogated to its insured’s property claim against the alleged tortfeasor and the company has commenced suit and obtained judgment prior to the institution of an action for personal injuries by the insured. Despite the fact that the insurance company’s claim was brought in the name of appellant, our Court has consistently held that a subrogee is the real party in interest. Franz Tractor Company v. Providence Washington Insurance Company, 383 Pa. 542, 119 A. 2d 495 (1956); Spires v. Hanover Fire Insurance Company, 364 Pa. 52, 70 A. 2d 828 (1950). There is no question that appellant was merely a formal party without any control over the prosecution of the insurance company’s action, and without any proprietary or financial interest in the resolution of that action except appellant’s possible right to .$100 which represents the deductible feature of the insurance policy. Notwithstanding this de minimis pecuniary interest, the real party in interest is the person who controls an action to enforce rights and who is legally entitled to give a complete discharge to the defendant upon performance. See Spires v. Hanover Fire Insurance Company, supra. Under these circumstances, it is difficult to understand why appellant should be barred from recovering in the instant case when he had absolutely no control over the course of action which his insurance company pursued. Moreover, such an exception to the general rule against splitting a cause of action, while it does permit a multiplicity of suits and subjects the alleged tortfeasor to two suits instead of one, nevertheless, in my opinion, promotes the ends of justice. The law ought to permit *485an injured party to collect that which his insurer has bound itself to pay without jeopardizing and prejudicing his rights against the actual wrongdoer. With the substantial backlog of cases in our courts, and the attendant delay in finally litigating the parties’ rights and liabilities, we ought to encourage an expeditious procedure whereby one who has suffered harm will be recompensed with as little delay as possible by his own insurance company. It seems to me that this policy should take precedence over the policy of protecting a defendant from possible multiple litigation. For these reasons, I would permit appellant to maintain this action to recover damages for personal injuries sustained as a result of appellees alleged negligence.
I dissent.
Mr. Justice O’Beien joins in this dissenting opinion.