In Matychak v. Security Mutual Insurance Company, 181 A.D.2d 957 (3rd Dept. 1992), lv. to ap. den. 80 N.Y.2d 758 (1992), it was ruled that "having disclaimed its duty to defend (its insured) in the underlying action, defendant assumed the risk as to what might be proven against (its insured); more to the point, defendant may not now go behind the underlying default judgment, which found that plaintiff had been injured and (the insured) was liable, to raise defenses extending to the merits of plaintiff's claim".