Well thankfully the information they can get from an OBDII port is actually fairly limited. It is no more than the average name brand scan tool can get. Now certainly there is far more information available, but that is proprietary to each manufacturer. Being that they won't license much of that out to big names (Snap-On, OTC, etc) for a multi-make scan tool I just don't see them as willingly giving out that information to insurance companies and if they did it would still be cost prohibitive.
About the only information I can see them as getting is engine vacuum (telling throttle position), commanded shifts, line pressure (again, an indication of rate of acceleration), ABS activation, and a few more variables, but I just don't see how they can tell the difference between a person that is distracted and hits the brakes hard or a person that hits the brakes hard to avoid a distracted driver.
Obviously the technology exists, but I'm a skeptic. They're REALLY going to be crying when the new protocol becomes mainstream within just a few years. All those devices will essentially be useless.