well yes, assuming a purely utilitarian legal system. Even within that, there are many ways to measure utility. But utilitarianism gets really ridiculous really quickly anyhow. I’m a pragmatist which is similar to utilitarian, but utilitarian goes into absurd ideas — Peter Singer is who I have in mind for that.
So yes, if insurance ran the court system, it would certainly get ridiculous quickly.
I expect though if they were to try to incorporate a no-free will argument into the courts, it would start at the case-by-case level; which they kind of already do with the exceptions in place now.
Revamping an entire system of modified English Common Law however, would likely prove to be insurmountable.