NFT Art: “I Sold an NFT That ‘Rug Pulled’: Liability for Digital Assets.”

I was hired as the artist for a “PFP” (Profile Picture) project. I designed the 10,000 characters. The developers sold them for $2M and then vanished. Now, the token holders are suing everyone involved—including me—for securities fraud and “aiding and abetting a rug pull.” I just drew the monkeys; I didn’t touch the money.

Key Takeaways

  • The “Securities Exclusion”: Most E&O policies exclude claims related to “investments,” “securities,” or “financial advice.” If the court deems the NFT a security, you might be uncovered.
  • Scope of Work: Can you prove you were just the illustrator? If you promoted the project on Twitter (“WAGMI!”, “To the moon!”), you became a promoter, increasing your liability.
  • Crypto is High Risk: In 2026, many standard carriers (Hartford, Travelers) have blanket exclusions for “cryptocurrency and blockchain related activities.”
  • Defense is key: You likely didn’t commit fraud, but you need $50,000 to prove that.

The “Why”: The Speculative Asset Trap

The Trap: Insurance covers professional services (design). It does not cover “Investment Schemes.”
If the lawsuit alleges you were a partner in a fraudulent financial scheme, the insurer will look for the “Racketeering” (RICO) or “Securities” exclusion.
You need a specialty policy from a “Surplus Lines” carrier that specifically writes “Digital Asset” coverage.

The Investigation: I Quoted 3 Major Carriers

1. Relm Insurance

  • My Analysis: Relm is one of the few carriers dedicated to Web3. They write policies for NFT artists and projects. They understand the difference between a dev and an artist. They are your best bet.

2. Lloyd’s of London (Syndicates)

  • My Analysis: You have to go through a broker to access Lloyd’s. They can write custom policies for “Digital Creators” that cover NFT liabilities, but the premiums are high ($5k+).

3. Standard Carriers (Hiscox/BiBERK)

  • My Analysis: I checked their 2026 guidelines. Most still have a hard “No” on anything involving Smart Contracts or Token generation.

[IMAGE: Screenshot of a policy exclusion list showing “Virtual Currency”]

Comparison Table: NFT Liability

CarrierCovers NFT/Crypto?Minimum PremiumBest For…
RelmYes (Specialty) $Web3 Creators
Lloyd’sYes (Custom)Big Projects
StandardNo$Traditional Design

Step-by-Step Action Plan

  1. Gather Evidence of Role: Collect all contracts showing you were hired as a “Work for Hire” illustrator, not a partner.
  2. Silence Social Media: Do not delete past tweets (spoliation of evidence), but stop posting.
  3. Find a Specialist Broker: Do not call Geico. Call a broker who specializes in “FinTech” or “Web3” insurance.
  4. Notify Carrier: If you have standard E&O, report it anyway. They might defend you under the premise that you are a graphic designer, while reserving the right to deny if it turns into a securities fraud verdict.

FAQ

I didn’t code the contract. Why am I sued?
In class-action lawsuits, lawyers cast a wide net. They sue everyone on the “Team” page.

Does General Liability cover this?
Zero chance. This is purely financial loss, not bodily injury.

What if I was paid in ETH?
That doesn’t change liability, but it complicates value. Insurance pays claims in Fiat (Dollars).

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