Wincek v. Town of West Springfield

This is an action for declaratory relief to determine whether G. L. c. 41, § 111F, 1 gives a town a right of subrogation against proceeds to be paid to a police officer (plaintiff) pursuant to the underinsured motor vehicle coverage (G. L. c. 175, § 113L* 2 ) provision of insurance policies purchased by the plaintiff, who had been injured while on duty, through no fault of his own, by an underinsured motorist. General Laws c. 41, § 11 IF, mandates that a town be reimbursed for any amounts paid under § 11 IF to the extent that the legal liability of a third party who has paid damages has…