Luke Tucker Harrison, a co-founding partner of London disputes boutique Keidan Harrison, has settled a dispute with his insurer Axa PPP Healthcare over his ongoing cancer treatment.

Harrison, who co-chaired London International Disputes Week 2024, was at the centre of a potentially precedent-setting legal challenge when he sent AXA a letter before action in October after it refused to authorise treatment recommended by his doctors for an ultra-rare cancer known as Epithelioid Hemangioendothelioma (EHE).

The insurers had argued that the recommended treatment lacked high-quality clinical trial evidence of its effectiveness and safety, known as randomised control trials (RCTs). However, Harrison and his medical team countered that RCTs are impossible for many rare and ultra-rare cancers, such as EHE.

Harrison agreed terms with AXA’s solicitors, DAC Beachcroft, this week. He instructed his name firm to assist with the potential claim. Jeremy Brier KC of Essex Court Chambers also advised him.  

Harrison said: “Terms of settlement have been reached with AXA Health in respect of the dispute concerning my medical treatment. Whilst the terms of the settlement are subject to a confidentiality agreement, I can confirm that AXA Health has committed to considering the issues I have raised with them at the senior level. AXA Health has also agreed to make a payment towards legal costs, which I will donate to the EHE Rare Cancer Charity.”

While Harrison cannot comment further on his dispute following the settlement, he previously expressed his gratitude on LinkedIn for the hundreds of messages of support he had received. He added that the treatment appears to have been successful and that his oncologist is positive that he will make a full recovery. 

Harrison’s case raised questions about insurers’ responsibilities to cover emerging treatments, particularly for rare cancer sufferers and when traditional options are insufficient. It highlighted the challenges insurers face in judging rare diseases where policy wording might be unclear.

EHE is an uncommon cancer that arises from the blood vessels and can materialise anywhere in the body. It is described as a “one in a million” cancer, which is extremely difficult to recognise.

Harrison’s diagnosis followed the discovery of liver lesions – tumours – through advanced imaging techniques.

His medical team at London’s Royal Marsden Hospital, including renowned sarcoma oncologist Professor Robin Jones and liver surgeon Professor Long Jiao, recommended an immediate treatment strategy due to the growth of his tumours, leading to surgical resection of two 8cm tumours in August.

The dispute arose after Harrison was advised that a persistent lesion necessitated further treatment via a method called irreversible electroporation, or IRE. The procedure, known by its commercial name ‘NanoKnife’, is widely used for prostate cancer and was deemed safe and effective for Harrison’s condition.

Harrison was told by a consultant radiologist, Professor Edward Leen, that an alternative treatment – ablation – carried with it the risk of damage to a vein, artery and bile duct, which sit close to the lesion, leaving IRE as a safer and more effective treatment. Harrison issued the letter before action after AXA refused to cover the IRE procedure.