In the early 19th century, the early days of America, in most states no one was required to have a license to practice medicine. The idea, totally stupid, was that Americans were free and anyone should be free to practice medicine without a license. We haven't changed much.

Should insurance companies have freedom to only be held accountable by consumer litigation? The same libertarian argument we hear now could be made for free, unlicensed doctors of the 19th century. Let the consumers sue whenever they don't like their doctor! Or let consumers sort amongst themselves which doctors to go to!