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The FDIC doesn't go above the $250k in that case--the assets cover it. I don't think the FDIC has ever paid above and beyond the insured amount to make people whole

A lot of times their takeovers end up with people being made whole, but because they transfer the assets and deposits into another, healthy bank, and the FDIC makes up the losses in the assets, but those losses are going to be less than if they had just paid all depositors their $250k

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I think sometimes historically FDIC has misjudged the banks asset values and payed out too big an advance for uninsured funds (and then hence had to absorbe the loss themselves upon liquidation)

They typically (at least where there's been documentation of the deal) where they limit their losses--one instance they sold the bank and guaranteed 20% of the assets. No way for them to misjudge that, they know the maximum they're going to pay out there even if they become 100% worthless

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