Is it possible to sue the government?

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Is it possible to sue the government?

If someone has been constantly trying to obtain health insurance through the
marketplace exchange and with no success and then attempts to call them while
being promised coverage, can you sue?

Asked on July 22, 2016 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the government when the government affirmatively does something to deprive you of a right--witness civil rights violations lawsuit involving police misconduct. But the government never guaranteed that everyone could get insurance through the exchange(s)--this is not a single-payer system with guaranteeed health coverage. There are reasons why you may not be able to get or qualify for coverage through exchanges which have nothing to do with wrongful government action. Your question does not indicate an affirmative basis upon which to sue, since it does not state a clear governmental violation of a right.


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