Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
The appellants and their managing agent, Staller Associates, Inc. (hereinafter Staller), were named insureds on a liability policy obtained by Staller from Home Insurance Company (hereinafter Home). The appellants commenced a third-party action against Staller for indemnification and contribution after they were sued for injuries sustained by the plaintiff Michael Hebert, a Staller employee, when he fell from the roof of a building owned by the appellant Staltac Associates. The Supreme Court granted Staller's motion to dismiss the third-party complaint, concluding that Home was estopped from denying coverage for Staller based on an employee bodily injury exclusion in the policy because of its failure to issue a disclaimer pursuant to Insurance Law § 3420 (d). We agree.
The failure to issue a disclaimer estops an insurance carrier from disclaiming coverage based on a policy exclusion ( see, Hanover Ins. Co. v Suffolk Overhead Door Co., 207 AD2d 428; Osohowsky v Romaniello, 201 AD2d 473; U.S. Liab. Ins. Co. v Staten Is. Hosp., 162 AD2d 445). Because Home never issued a disclaimer, it is estopped from denying coverage. Since the appellants and Staller are named insureds on the Home policy, the antisubrogation rule applies and the court properly dismissed the third-party complaint ( see, North Star Reins. Corp. v Continental Ins. Co., 82 NY2d 281).