Tbe question presented on tbis appeal bas been answered in the recent case of Burgess v. Trevathan, 236 N.C. 157, 72 S.E. 2d 231; the opinion in which was filed 17 September 1952. In fairness to tbe able and learned trial judge it should be stated tbat tbe opinion in Burgess v. Trevathan was filed tbe same day tbe order in tbis case was signed, and neither be nor counsel bad any opportunity to see it before tbe order was signed.
In Burgess v. Trevathan, supra, Justice Ervin speaking for the Court says: “Since an insurance company which pays the insured for a part of tbe loss is entitled to share to tbe extent of its payment in tbe proceeds of tbe judgment in the action brought by tbe insured against tbe tort-feasor to recover tbe total amount of tbe loss, it bas a direct and appreciable interest in tbe subject 'matter of tbe action, and by reason thereof is a proper party to tbe action. Assurance Society v. Basnight, 234 N.C. 347, 67 S.E. 2d 390; 67 C.J.S., Parties, section 1. Tbis being so, tbe insurance company in sucb case may be brought into tbe action by tbe court in tbe exercise of its discretionary power to make new parties at tbe instance of tbe insured or tbe tort-feasor either in tbe capacity of an additional plaintiff who bas an interest in tbe subject of tbe action and in obtaining tbe relief demanded in it, or in tbe capacity of an additional defendant whose presence is necessary to a complete determination of tbe *556rights of all persons who may have an interest in the result of the litigation. G.S. 1-73, 1-163; Insurance Co. v. Motor Lines, Inc., supra (225 N.C. 588); Lake Erie & W. R. Co. v. Falk, 62 Ohio St. 297, 56 N.E. 1020; Barnhill v. Brown, 58 Ohio App. 188, 16 N.E. 2d 478. Undoubtedly the more effective procedure in such situation is for the party desiring to bring the insurance company into the action to move that it be made an additional party defendant and required to answer, setting up its claim arising through subrogation. Schaller v. Chapman (Ohio App.), 66 N.E. 2d 266.”
See an interesting note on Burgess v. Trevalhan, supra, in 31 N.C.L. Rev. pp. 224 et seq. (1953).
The Twin States Insurance Company, according to the finding of fact by the trial judge, has paid the plaintiff for her loss except $50.00, and is entitled to share to the extent of its payment in the proceeds of the judgment in this action brought by the plaintiff to recover the total amount of her loss, if there is such a recovery. The insurance company, therefore, is a proper party to the action. When this case is returned to the Superior Court, the Twin States Insurance Company may be brought into this action by the Court in the exercise of its discretionary po.wer to make new parties at the instance of the defendant (or the insured) either in the capacity of an additional plaintiff or in the capacity of an additional defendant. If the court in its discretion fails to make the Twin States Insurance Company a party, then it should strike out of the defendant’s answer all reference to the insurance company.
The defendant’s exception and assignment of error to the order signed by his Honor allowing as a matter of law the plaintiff’s motion to strike from the defendant’s answer all reference to the Twin States Insurance Company must be upheld, and the order is
Reversed.