Tan
You miss the point regarding insurance.
If the aircraft is being operated outside of it's certified limits, it is basically no longer certified ("experimental", if you will), and insurance cover very likely automatically lapses in that event - a bit like it does if you crash a car that has no valid MOT.
It isn't a matter of concern to the insurance company at all. They just won't pay.
Similarly, they will never be concerned about crew fatigue because, if an aircraft were to crash and it was established that the crew knowingly operated whilst fatigued, they would have an instant escape clause.
All an insurance company cares about, is how it can wriggle out of a claim.