JGalban via AviationKB.com wrote:

I suppose anything could be litigated, but if your policy contract doesn't
have an exclusion for (in this case) taking off overweight, the insurance
company doesn't have a leg to stand on.
-- SNIP --

Basically, insurance is there to cover your butt if you do something stupid.
They have limits on what level of stupidity they will cover, which are
spelled out in the exclusions section of the policy. My current policy
doesn't cover me if the plane is out of annual (not operating with a valid
airwothiness cert.), or if I happen to be commiting a crime when the accident
happens.

I may have understood this wrong, but here goes...

Years back, I went to a FSDO seminar that explained "airworthy". I
seem to remember that the FAA Airworthiness Certificate included the
operating limitations, including max gross weight. Operating outside of
the limitations voided the cert., so there's the insurance out.

I'm open to comments on if I understood this correctly.