Why Kevin McCallister Wasn’t Covered By Liability Insurance

December 29th, 2016 — Martinson Agency LLC — Chaska, MN

One of the most beloved holiday movies of all time is “Home Alone,” and the protagonist, Kevin McCallister, is certainly an iconic character in the hearts and minds of viewers everywhere. The whimsical, yet sometimes aggressive plot of the movie yields plenty of lessons from a parenting perspective. But consider the repercussions regarding home ownership and insurance.

Unfortunately, with all of the stunts Kevin McCallister pulled, he and his absent family would not have been covered by liability insurance, at least not in their home state of Illinois.

Coal for the McCallister’s

One might think that the “wet bandits” Harry and Marv, portrayed by Joe Pesci and Daniel Stern respectively, would be completely in the wrong given the fact that they were trying to break into a home and unwittingly encountered a very resourceful child who defended himself. However, in spite of Kevin’s youth – and his seemingly justifiable position when he terrorized Harry and Marv to protect his home, he is acting in such a way that could nullify any protection through liability insurance.

As AllLaw.com, a website devoted to legal matters, explains, Harry and Marv actually could have sued the McCallister’s for the immense range of injuries they suffered, and the family would have had to pay up. In the words of the website: “In most states, property owners must refrain from engaging in willful conduct that causes injuries to trespassers.” 

So, because Kevin was operating in a willful fashion to injure the intruders, he would almost certainly be liable for their injuries. While this exception does not pertain to all states and insurance policies, the Staver Law Group, an Illinois-based legal firm, explains that Chicago and its suburbs, including Kevin’s village, does. If you have liability insurance, you will want to ensure that you understand the implications related to trespassers.

Lessons Learned

Simply put, you should never create hazards that would injure or even kill trespassers. You can and often will be held accountable for their injuries, despite the fact that you are trying to protect your home and they are trying to steal from it or damage it. It is a strange, yet common exception in homeowner liability insurance. But it’s an important one to deter individuals from purposefully causing harm rather than simply calling the police.  Make sure you understand the entirety of your liability coverage within your homeowner’s policy, and never take law enforcement matters into your own hands.

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