Insurance Coverage for Digital Assets: Cryptocurrency, NFT Losses Under Traditional and Specialized Crypto Policies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Tuesday, December 6, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide insurance coverage counsel through issues that arise with insurance coverage for digital assets and claims and losses incurred by digital asset owners/investors, businesses, exchanges, third-party custodians that store cryptocurrency and other forms of digital assets on consumers' behalf, and wallet-security software companies. The panel will focus on cryptocurrency and NFTs, types of losses, traditional coverages that may apply, existing and emerging specific cryptocurrency insurance policies, the role of brokers, and insurance issues related to NFTs.
Faculty

Mr. Swanson's practice focuses on policyholder insurance coverage disputes against the world’s largest insurers, defending and bringing claims on behalf of contractors and developers, and ensuring that people get the benefit of their bargain from their real estate contracts. He also helps prevent these disputes and he frequently advises clients relative to their policies, their contracts/transactions, and their operations. Mr. Swanson’s litigation work has recovered tens of millions of dollars for his clients and his transactional work ensures that the necessity for these recoveries are avoided in the first place.

Mr. Palley is a litigation partner and co-chair of Brown Rudnick’s Digital Commerce group. He is a seasoned litigator with over 20 years of extensive courtroom experience litigating and trying complex commercial matters. Mr. Palley has deep technical and U.S. regulatory knowledge, particularly in the digital asset space, and assists clients working on the frontiers of technology, including on deal work for blockchain and other technology enterprises. He is also a fellow of the American College of Coverage Lawyers, and uses his insurance knowledge and experience to advise clients on insurance coverage matters related to technology and other risks.

Mr. Scaramastra focuses his practice on helping businesses—many in the transportation and natural resource sectors—resolve disputes, improve outcomes, and reduce risk across a variety of projects. He is well-versed in all forms of dispute resolution, outside the courtroom, through arbitration or trial, and before federal and state appellate courts.
Description
The increased use of cryptocurrency and the expected growth in its use have created a substantial marketplace for crypto coverage. Recent research suggests that 30 percent of U.S. small and medium-sized businesses accept cryptocurrency as payment for goods and services.
Digital asset losses may result from theft, hacking, failure to protect others, and even intellectual property infringement. Some risks may be addressed by traditional insurance and others under policies tailored to digital assets.
When losses occur, businesses, investors, and exchanges are looking to their insurers to address losses and claims related to cryptocurrency and NFTs. All participants will be looking to their counsel for answers about the complex coverage issues related to insurance for digital assets.
Listen as this experienced panel of digital asset and insurance coverage counsel guides counsel through types of losses, traditional coverages that may apply, existing and emerging specific cryptocurrency insurance policies, and other related issues.
Outline
- Overview of digital assets
- Types of losses and liabilities related to digital assets
- Coverage issues under traditional insurance products
- Coverage issues under policies designed for cryptocurrency
- Coverage issues for NFTs
Benefits
The panel will review these and other key issues:
- What are covered claims and losses related to NFTs and cryptocurrency?
- What exclusions apply to losses related to NFTs and cryptocurrency?
- What acts of the policyholder might vitiate coverage?
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