John Suayan, Galveston Bureau Dec. 17, 2012, 2:25pm

GALVESTON - After State Farm Insurance failed and refused to properly compensate him for a late 2010 two-vehicle accident, local resident Ben Day has filed a lawsuit.

In court papers filed Dec. 11 in Galveston County District Court, Day accuses State Farm of denying him "adequate and fair" payment in response to injuries he purportedly sustained in a collision with a drunk driver in Harris County on Dec. 11, 2010.

Day was a passenger in Denise Tumicki's vehicle at the time of the event in question in which Lenard George Curtis, a motorist reportedly convicted of driving while intoxicated four times, "violently" hit them.

The plaintiff settled his claims with Curtis, who is not a defendant in the case, "for an amount less than his actual damages" and sought additional reimbursement from the insurer.

According to the suit, Day incurred a minimum of $50,000 in medical costs, but despite providing State Farm all of his medical records and bills and requested policy limits under the Tumicki's uninsured motorist policy, the defendant has not given the complainant compensation.

The policy was in full force and effect at the time of the accident, it says.

Day insists he has suffered damages of more than $114,000.

He is represented by attorney Mark Midani with Midani, Hinkle & Cole LLP in Houston.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 12-CV-3088

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