I think I remember reading after 41 games missed that every game after that 80% is covered. So if he missed every other game the insurance would cover 80% for 20 games whereas if he came back before the 41 games and then played every other game the rockets would have to pay him for all 40 remaining games.
I'm pretty sure that if there were actual insurance fraud, it wouldn't be discovered on a fan message board. Especially fraud to the tune of $23MM.