location_on Sydney
Keith Bethlehem
Partner
Keith has a reputation for pragmatic and industry aware advice. He leads the complex coverage practice and is an accomplished litigator, with a focus on financial institutions and D&O insurance and cyber risk and crime insurance.
Overview
Keith led the team that initiated declaratory proceedings in a seminal case on the operation of 'claims made' policies under Australian Law, Chubb & Others v Moore & Others [2013] NSWCA 212. In 2021, Keith and his team represented London market insurers in Count Financial v Pillay [2021] NSWSC 99, successfully resisting the insurers' joinder to proceedings under the new Third Party Rights Against Insurers Act. The case was the first reported case in which Insurers successfully opposed joinder on discretionary grounds.
Keith advises insurers on coverage issues and defending litigated claims on behalf of insured individuals and entities. He has worked internationally gaining extensive experience in the Lloyd’s market, with a specialisation in claims against financial institutions and investment professionals.
Keith has acted on instructions from international insurers - including out of the US as coverage and monitoring counsel on the bankruptcy of Lehman Brother Inc. That engagement included litigated claims arising out of the Lehman Brothers' marketing of synthetic collateral debt obligations in Australia in Wingecarribee Shire Council v Lehman Brothers Australia Limited (In Liquidation).
Keith has authored numerous insurance related articles, and co-authored the chapter entitled 'Directors’ & Officers’ Liability' in the second edition of Directors' Duties During Insolvency published by Thompson. He also presents at various forums on insurance topics in London and Australia, including at the Australian Professional Indemnity Group annual conference.
Keith has been consistently recognised for his expertise. He has been ranked in Chambers and Partners since 2014 with one client commenting in the 2023 edition that Keith "Is one of the brightest coverage minds in the market. He just has encyclopaedic knowledge. We really value him." In The Best Lawyers in Australia he is listed for Insurance Law and Litigation and in Doyle's Guide Keith has been named as a leading Professional Indemnity Lawyer in New South Wales.
Keith holds a Bachelor of Arts and Bachelor of Laws from the University of the Witwatersrand and he was admitted to practice in Australia in 2005, having practiced in both South Africa and the United Kingdon prior to this.
