In Elkins v. QBE Insurance Corporation, No. C11-5150, US District Court (W.D. Washington), Mr. and Mrs. Elkins filed suit against their condominium association’s insurance carriers for loss of rental income after a fire damaged common areas and individual units. The Elkins alleged that their individual loss of rent was part of the “community income” as defined in the property and casualty policy in question.
Harbour Commons Condominiums, a commercial office condominium, was the named insured under the QBE policy. The Elkins owned 2 office units located in the Harbour Commons building and leased those office units to commercial tenants.
The insurer tendered policy proceeds to repair the damage caused by the fire to the common areas and the Elkins’ units. QBE dec