In Djuric v. Belair Insurance Company, Gordon Djuric sued Scottish & York Insurance Co. Limited and Belair Insurance Company Inc., seeking $5,000,000 for damages from a 2017 motor vehicle accident in Pennsylvania. The other driver, Stephen DeAngelis, was underinsured with a policy limit of USD $15,000. Djuric claimed underinsured motorist coverage under his policies.

Procedurally, the case saw multiple filings:

• Plaintiff initiated the action on September 12, 2019.
• Scottish & York filed a defence on October 5, 2020.
• Claims against Belair were dismissed on March 19, 2021.
• Djuric settled with Aviva, the parent company of Scottish & York, on December 20, 2021.

The motion by Scottish & York sought to amend their defence, asserting the policy did not include OPCF 44R coverage and requesting withdrawal of any implicit admissions of such coverage.

The court considered Rules 26.01 and 51.05 of the Rules of Civil Procedure, determining:

• The proposed amendments did not amount to withdrawing an admission.
• No non-compensable prejudice would result to Djuric.

Ultimately, the court allowed Scottish & York to amend their defence and fixed costs at $7,420.50, payable by Djuric within 30 days. The decision clarified that no clear admission of underinsured motorist coverage was made in the original defence.