Ordered that the order is affirmed insofar as appealed from, with costs.
This action seeks a judgment declaring, inter alia, that the defendant is required to defend and indemnify its insured, Allied Woodbrook, Inc. (hereinafter Allied), with respect to an underlying action brought by the plaintiffs against Allied to recover damages allegedly caused by Allied in its construction of their home. The defendant disclaimed coverage of the claims in the underlying action.
We reject the defendant's contention that the instant action is premature as the underlying action has not been resolved. A party who is not privy to an insurance contract but would nevertheless benefit from the insurance policy may bring a declaratory judgment action to determine whether the insurer owes a defense and/or coverage under the policy ( see, Costa v. Colonial Penn Ins. Co., 204 A.D.2d 591; Reliance Ins. Co. v. Gasart Bldg. Corp., 122 A.D.2d 128; see also, Town of Islip v. Zara Sons Contr. Co., 207 A.D.2d 339). Moreover, a declaratory judgment action against insurers with respect to jural relations, either as to present or prospective obligations, is permitted prior to entry of judgment in the underlying action ( see, Costa v Colonial Penn Ins. Co., supra; cf., Hesse v. Speece, 204 A.D.2d 514).
The defendant's remaining contention is without merit. Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.