Private Credit Crisis: The Risks of Shadow Insurance, 11 Years Later with Dr. Daniel Schwarcz

Tue, Sep 22, 2026 | 11:00 am ET

The Capitol Forum will host a conference call with Daniel Schwarcz, Fredrikson & Byron Professor of Law and Distinguished University Teaching Professor at the University of Minnesota Law School, to discuss his influential paper, “The Risks of Shadow Insurance,” and how the concerns he identified more than a decade ago apply to today’s insurance markets. Published in the Georgia Law Review in 2015, the paper examines the risks created when life insurers transfer liabilities to affiliated captive insurers or special purpose vehicles through so-called shadow insurance transactions.

Professor Schwarcz identified several potential risks to policyholders, insurers and the broader financial system, while questioning whether traditional state insurance regulation was equipped to address them.

The discussion will revisit those concerns, examine how the insurance and regulatory landscape has evolved since the paper was published, and consider what lessons remain relevant for policymakers and market participants today.

For assistance, contact: events@tcfpress.com.

The discussion topics will include:

  • How shadow insurance transactions work and why insurers use them
  • Reinsurance default, recapture, correlated parent-company and interconnectedness risks
  • Whether state insurance regulation adequately addresses these risks
  • What has changed since 2015 and what regulators and market participants should be watching today

Speakers:

Daniel Schwarcz

Professor Daniel Schwarcz is the Fredrikson & Byron Professor of Law and a Distinguished University Teaching Professor at the University of Minnesota Law School

Your Host Teddy Downey

Executive Editor at The Capitol Forum

Reserve your spot today!