IF the contract had been honoured then it wasn't actually a terrible deal for BMF. Mining shares tend to devalue - and BMF was paying out dividends received so maintaining NAV was always going to be difficult. The acceleration made it worthless. If honoured it was more like a low-interest loan (taken as needed) than real insurance - but I can see a case for it being of benefit to BMF. The premiums had to be high as usagi was managing BMF, so losses (and hence claims) were pretty inevitable and CPA had to expect to pay out the full 500 BTC over the 2 year period. Absolute worst-case for CPA was getting 20 BTC interest for a 500 BTC loan over 2 years, so not too bad a risk for them given the non-zero chance usagi might luck out and go 2 years without losing 500 BTC.
Where usgai's lies become apparent are from the start.
The announcement made to BMF wasn't "Here's a test contract showing how we'd get insurance cover against NAV loss" it was "We're now insured by CPA".
And saying it was a test makes zero sense. What was this "testing" supposed to actually test? That BMF could send BTC to CPA? Failing to see anyhting else that this "test" demonstrated that couldn't have been determined without signing the contract. How did BMF sending 20-30 BTC to CPA to help CPA "test" a contract benefit BMF shareholders?
Claiming NOW that 100 BTC of personal funds was sent to BMF in compensation is beyond belief. Yes - usagi HAS claimed in the past to have given personal funds to BMF. Whether he has or not I have no clue - as no accounts were ever published (just lists of assets / balances). But at no stage has ANY announcement EVER been made before along the lines of "The contract with CPA has been cancelled/accelerated and I've personally given 100 BTC compensation to BMF for the loss they incurred helpng CPA out by pretending to have insurance cover when they didn't". Convenient that this claim only emerges now (ages after the event) when it's impossible to prove/disprove.
The contract defined BTC accounts to which all payments in respect of the contract were to be made. I see no payment of 100 BTC to the designated BTC account for BMF. In fact there's ZERO payments there to the BMF one. But we're meant to accept usagi's word taht he did something which was a) never announced, b) not done in the method defined in the contract usagi wrote (and signed on behalf of both parties). Similarly aceleration, if it occurred, should have had seen payments by both parties to the designated BTC addresses. Of course as that excuse wasn't made up until much later (it only first emerged shortly before GLBSE went down) that couldn't be done - as the block-chain can't be manipulated to insert transactions back-dated by months.
Just to be clear - it seems usagi is now that claiming that BMF WEREN'T insured by CPA (they just signed a test contract that was never intended to be honoured). So isn't that pretty much proof on its own that shareholders were misled when they were told BMF was insured by CPA? Either they WERE insured (what they were told then) or they WEREN'T (what usagi seems to be claiming now). IF what they were told (insured) isn't what was actually the case (they weren't?) then that's about as blatant a case of misleading investors as you can get.