In State of N.Y. Ins. Dept., Liquidation Bur. v. Generali Ins. Co., 44 AD3d 469, 470, 844 NYS2d 13 [1st Dept 2007], appeal withdrawn and discontinued 9 NY3d 1030, 881 NE2d 1202, 852 NYS2d 15 , the plaintiff, the State Liquidation Bureau, took on the entire obligation for defense and the defunct insured's share of the settlement.
The insured had no coverage for part of the period of risk and became defunct.
However, because the plaintiff there paid for all of the defense costs and settlement, the defendant insurer, whose policy also covered part of the period at issue but totally abdicated the responsibilities to defend and cover, had to pay its share for the entire period at issue, including the uninsured period.