When Your Insurance Doesn’t Deliver: The Pena Case and What Every Accident Victim Needs to Know
- Bowers Law Firm
- Jun 9
- 2 min read
When you're in a car accident, you trust your insurance to be there for you—especially when the other driver doesn’t have enough coverage. But what happens when your insurance company sells you coverage that disappears when you need it most?
That’s what happened in the case of Pena v. Viking Insurance Company of Wisconsin. The Idaho Supreme Court ruled in favor of Erick Pena, who bought underinsured motorist (UIM) coverage—and then was told he wasn’t entitled to any compensation after a serious accident. Here's what the case means for you and what to do if you're ever injured in a car or truck accident.
The Accident and the Claim
Erick Pena was seriously injured in a crash caused by another driver. That driver’s insurance (State Farm) paid out its $25,000 liability limits—the maximum under that policy. Pena then turned to his own UIM coverage through Viking Insurance, for which he had paid premiums for $25,000 in coverage.
But Viking denied the claim. Why? Because they used a policy definition of “underinsured motor vehicle” that essentially excluded any car that carried at least $25,000 in liability—the exact minimum required by Idaho law. In effect, Viking’s UIM policy gave Pena no realistic protection in the very situation UIM is supposed to cover.
The Court’s Decision
The Idaho Supreme Court held that Viking’s policy was illusory—meaning it promised
coverage but took it away with hidden definitions and exclusions. The Court ruled that:
Viking’s policy language violated Idaho’s public policy.
An insurance company cannot sell coverage that a customer can neverrealistically use.
The court voided the policy’s restrictive provisions and ordered coverage to be provided.
This decision sends a strong message to insurers: you can’t sell “coverage” that vanishes when it’s needed most.
Why Legal Representation Matters
Cases involving commercial trucks are legally complex. They often involve federal safety
regulations, multiple parties, and aggressive defense strategies. That’s why it’s critical to
have an attorney with deep experience in personal injury and trucking litigation—someone
who understands both the legal standards and how to prove violations at trial.
If you or someone you love has been injured in a car or truck accident in Wyoming,
Idaho, Utah, or Arizona, contact top-rated attorney John D. Bowers today. He has the
experience, courtroom knowledge, and track record to help you recover the maximum
compensation you deserve.
