Jason Sugarman KC is a criminal silk at Foundry Chambers specialising in white collar commercial fraud. He is a former co-chair of the Bar Council’s Remuneration Committee, a Governing Bencher at Inner Temple and Visiting Fellow of Durham University Law School. Jason tried to claim on his insurance after being diagnosed with a life-threatening illness, but it was rejected based on a technicality. In this guest blog, he urges all barristers to check policies carefully.
I’ve always believed in being responsible, especially as a self-employed barrister and father of two. That’s why, back in 2000, I took out life and critical illness insurance. I’d seen a colleague die at an exceptionally young age from a heart attack, and it struck me just how vulnerable we are without a safety net. Over the years, I paid steadily into my policy — more than £80,000 in premiums since 2012 alone. It gave me peace of mind, knowing my family would be protected if the worst ever happened.
Then, in late 2023, the worst nearly did.
What I thought was just a stomach bug turned out to be a life-threatening illness. I was suddenly hit with severe abdominal pain, headaches, and indigestion. After weeks of no improvement, a CT scan revealed extensive blood clots in three major veins — a condition called venous thromboembolism. My organs were being starved of blood. I had no prior health issues, and now doctors were telling me, “most people die from this.”
I was rushed to hospital in November and stayed there for 10 days. Just days after being discharged, I was readmitted with a pulmonary embolism in my lung. I’ve never been seriously ill before, and the experience was terrifying. My life was in the hands of doctors.
After surviving, I made a claim on my critical illness policy. I had cover for up to £828,382 if I became seriously ill. But my claim was rejected.
According to Phoenix Life, the insurer, my condition didn’t meet the criteria. The policy listed 25 specific illnesses it covers — things like heart attacks and strokes. But not the kind of blood clots I had, even though my doctors described them as “pathologically similar” and just as dangerous.
It felt like a slap in the face. I’d paid into this policy for decades, expecting it to be there when I needed it most. Now I was being denied help on a technicality.
Even more frustrating is that I can’t switch providers — my medical history now makes me uninsurable. So I’m still paying £1,174 a month to keep the policy, because I have no other option.
Since my illness, I haven’t been able to return to full-time court work. The idea of running a lengthy murder trial while still recovering is out of the question. I can do some strategy work, but it’s limited. My life has been completely disrupted — and the financial support I thought I’d have simply isn’t there.
I’ve appealed the decision with support from my doctors, my bank (Coutts), and even insurance experts. Sir Robert Buckland KC, a friend and former Justice Secretary, also backed my case. But Phoenix rejected the claim again. It’s now with the Financial Ombudsman Service, and I’m still waiting.
This experience has opened my eyes to the real problem: these policies are far too narrow and complicated. Most people don’t realise that unless your illness matches a very specific list, you’re out of luck. It’s incredibly misleading — and deeply unfair.
I’m speaking out because I know I’m not the only one this has happened to. The Financial Conduct Authority is investigating the industry, and I hope real reform follows. Protection policies should be about the impact an illness has on your life — not whether it fits a narrow medical definition.
I did everything right. I planned ahead. I paid thousands for peace of mind. But when I needed support the most, my insurer wasn’t there. That shouldn’t happen to anyone.
A Final Word of Warning
If you have critical illness insurance, please check your policy carefully. Understand exactly what it covers—and what it doesn’t. If you're with a company that manages old policies and doesn’t sell new policies, be especially vigilant.
Ask questions now. Don’t wait until it’s too late.