If you take off weighing above the MTOW and have an incident that involves an insurance claim, the insurance assessor will calculate your total AUW at take-off and if an ounce (gram) over your MTOW for that flight, they will not pay out
A widely held misconception on various flying forae.
The insurers would have to prove that the overweight condition was causative to the incident to avoid payment. Of course, there may be many incidents where it could be argued W&B was contributory, but equally, there will be many incidents where it has no relevance)
I am
not condoning overweight flying though