The problem with Credit Default Swaps is that there is no requirement to set aside an adequate amount of capital at the time the vehicle is sold, to ensure that the money is there to pay out on the loss if the 'insured' instrument goes into default.
Words matter. By calling it a Credit Default Swap, rather than a Credit Default Insurance [Policy], the clever people on Wall Street were able to keep these products from being regulated as insurance products are, which would have required adequate capital reserves be set aside to cover losses.
Words matter. By calling it a Credit Default Swap, rather than a Credit Default Insurance [Policy], the clever people on Wall Street were able to keep these products from being regulated as insurance products are, which would have required adequate capital reserves be set aside to cover losses.