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The Capitol Forum

The Capitol Forum

Shadow Insurance (Private Credit Crisis)

Oct 13, 2026 · 58m

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About this episode

Regulators fixed the problem shadow insurance was invented to solve a decade ago. Insurers kept doing it anyway. Today on Private Credit Crisis, Executive Editor Teddy Downey talks with Daniel Schwarcz, a University of Minnesota law professor who first wrote about "shadow insurance" in 2015. They get into how the practice started as a workaround regulators signed off on, why it kept growing after the rules were fixed, how private equity-backed insurers took it offshore to Bermuda, and Schwarcz's simple fix: stop letting US insurers reinsure with their own affiliates.