Picture this: Someone rolls their car in 5B at Seattle. In the flailing about, the driver somehow breaks his wrist, something the seat harness isn't even there to prevent. The driver goes to the ER for X-rays and a cast, and then quite reasonably applies to his personal insurance for the bill.
Nothing malicious or even foolish on anyone's part, is there?
Then he gets a letter from his insurance company --as I did after a recent bicycle accident-- letting him know they've retained the services of a firm whose job it is to see if anyone might legitimately be at-fault for the accident.
In the course of the investigation, that firm finds that it was all the driver's fault and there were no other cars involved. The safety people all did their jobs correctly and so there was no additional damage to the driver's wrist due to their actions. Everyone did the right thing.
But, what's this? ICSCC allowed the insured party to race in seat harnesses that were TWO YEARS past the manufacturer's recommended life? Well, then, we'll need to pursue that organization for negligence so we can get back the $2200 we spent on ER visits and X-rays. These are tough economic times, after all, and insurance margins aren't what they used to be.
Of course, we'll also be looking to get back the $116,000 the investigators and attorneys have spent researching and litigating the whole thing...