OPINION OF THE COURT
JOHN T. LUZZO, Circuit Judge.
PARTIAL SUMMARY JUDGMENT
THIS CAUSE came on before the Court on Plaintiff WIMBLEDON TOWNHOUSE CONDOMINIUM I ASSOCIATION, INC.'s ("ASSOCIATION") Renewed Motion for Partial Summary Judgment against Defendant FLORIDA INSURANCE GUARANTY ASSOCI*97ATION ("FIGA"), and the Court having considered the motion, the affidavits submitted in support thereof, and the record, having heard argument of counsel and being otherwise duly advised in the premises, the Court makes the following findings:
I. FINDINGS OF FACT
ASSOCIATION'S affidavits are unrebutted and, therefore, the Court finds the following material facts to be undisputed:
ASSOCIATION is the named insured under a special multi-peril insurance policy (the "POLICY") issued by Defendant INTEGRITY INSURANCE COMPANY ("INSURER"). The POLICY insures ASSOCIATION and also defines additional, persons insured to include "any employee (other than executive officers) of the named insured while acting within the scope of his duties . . ." The POLICY also specifically provides coverage for the cause of action of malicious prosecution and also requires INSURER to defend any suit against the insured seeking damages.
ASSOCIATION and its administrative manager, ANGELA FIORE ("FIORE"), were named as defendants in Broward County Circuit Court Case No. 85-05397 DF ("the prior action"). The prior action raised malicious prosecution as a cause of action against ASSOCIATION and FIORE. FIORE was named as a co-defendant in the prior action with the Complaint specifically alleging that FIORE was acting within the scope and course of her official capacity as administrative assistant for ASSOCIATION. ASSOCIATION acknowledged and admitted in the prior action that FIORE was, at all times material to the prior action, acting within the scope and course of her official capacity as administrative assistant for ASSOCIATION.
FIORE was not an executive officer, has never been elected to any office or other position with regard to ASSOCIATION, has never been a resident of the community and was not on the Board of Directors or an officer of ASSOCIATION at any time material hereto. FIORE has been an employee hired by ASSOCIATION and has served ASSOCIATION only in the capacity of an employee at all times material hereto.
ASSOCIATION made a claim under the POLICY to INSURER for the provision of defense counsel for itself and FIORE in the prior action. INSURER declined to provide defense counsel for FIORE. ASSOCIATION thereupon retained counsel at its own expense to defend FIORE in the prior action. INSURER also denied ASSOCIATION'S claims for the attorney's fees incurred by ASSOCIATION defending FIORE in the prior action, which attorney's fees are the subject of this action.
*98The prior action was voluntarily dismissed on the date of trial, but was re-filed again raising the claim of malicious prosecution against ASSOCIATION and FIORE. In the re-filed case, FIGA is presently providing coverage and defense counsel to ASSOCIATION and FIORE. INSURER was adjudicated insolvent and has been placed in a liquidation proceeding by the Superior Court of New Jersey Chancery Division: Bergen County, General Equity Part, Docket No. C7022-86. Due to the insolvency of