The opinion
J. E. Townsend, J.
(concurring in result). I concur in the result reached by Judge Allen based upon the following reasoning:
*76 Because 1974 PA 318 applies only to "torts committed on or after January 1, 1975”, GCR 201.2 requires that suit be brought in the name of the real party in interest which, in this case, is Insurance Company of North America, unless plaintiff’s action seeks to recover for payment of a joint or several judgment. Such exception is recognized by the language contained in MCL 600.2925(3); MSA 27A.2925(3), in effect prior to January 1, 1975.
Since Dr. Sivak was not a party joined in the prior action against Sinai Hospital, there could not have been and there was no joint or several judgment or order of dismissal with prejudice as to Dr. Sivak, and Insurance Company of North America’s payment was not a "discharge of the common liability” under a joint or several judgment.
The facts do not meet the applicable statutory condition precedent to permit suit in the name of the insured. Therefore, Insurance Company of North America must sue in its own name in accordance with the provisions of GCR 1963, 201.2.