skip to content
Andrea K. Cataland

Andrea K. Cataland

Of Counsel

T (404) 962-1045/(864) 751-7648
F (404) 962-1255/(864) 751-7800
Overview

Andrea Cataland is a litigator, who has represented insurance companies for more than 20 years. Since 2001, her practice has been devoted primarily to matters involving life, accident, disability, and health insurance policies. Andrea litigates in the state and federal trial courts in Georgia, instituting interpleader actions, prosecuting and defending declaratory judgment actions, and, most often, defending first-party claims for insurance benefits and related claims under state substantive law and ERISA. Andrea also has represented insurance companies in other complex litigation, including suits against former insurance agents for breach of contract and breach of fiduciary duty, and a suit by a mortgagee for wrongful foreclosure and other lender liability claims.

Andrea is a member of the firm's Appellate Practice Team. Her attention to detail, analytical ability, excellent legal research skills, and strong writing abilities – honed while working in Dallas, Texas, as an appellate court law clerk and an appellate attorney at a large insurance defense firm – are revealed in her well-reasoned trial and appellate court motions and briefs, large portions of which have been utilized in reported case law. She advises other attorneys regarding substantive and procedural matters peculiar to appellate courts and drafts appellate briefs in cases in which she was not involved at the trial court level.

Andrea is admitted to practice law in Georgia and Texas. She is active in community affairs. She volunteers at an Atlanta Public School, where she reads to a Kindergarten class each week. Andrea also attends Buckhead Church, where she leads a Kindergarten class each Sunday. Although she has lived far from the Midwest for most of her adult life, Andrea remains an enthusiastic Ohio State Buckeye fan.

Andrea is not currently licensed in South Carolina.

Experience

Representative Work

  • Joseph v. Northwestern Mut. Life Ins. Co., 2015 WL 1309648 (M.D. Ga. Mar. 24, 2015) (summary judgment case construing notice of claim provision in individual disability income insurance policy)
  • Royal v. New York Life Ins. Co., 2015 WL 339781 (S.D. Ga. Jan. 26, 2015) (summary judgment case interpreting proof of loss and legal actions provisions in individual disability income insurance policy)
  • Edwards-Conrad v. Mass. Mut. Life Ins. Co., 2014 WL 4056332 (S.D. Ga. Aug. 18, 2014) (trial and appellate counsel in case addressing appellate court's jurisdiction and insured's abandonment of challenges to district court's order dismissing disability action)
  • Birdette v. Saxon Mortgage, 2012 WL 6621461 (11th Cir. Dec. 20, 2012) (appellate counsel in case involving whether pro se mortgagors abandoned alleged errors pertaining to dismissal of complaint and whether order of dismissal constituted an abuse of district court's discretion), cert. dism'd, 133 S. Ct. 1597 (2013)
  • Kirkland v. Guardian Life Ins. Co. of Am., 2009 WL 2514100 (11th Cir. Aug. 19, 2009) (appellate counsel in case addressing insured's compliance with notice of claim provision in disability policy, as well as other issues pertaining to preservation of error, scope of appeal, standard of appellate review, and abandonment of arguments on appeal), cert. denied, 560 U.S. 965 (2010) 
  • Provident Life and Accident Ins. Co. v. Futch, 2008 WL 4724827 (S.D. Ga. Oct. 24, 2008) (summary judgment case involving surgeon's eligibility to recover lifetime disability benefits based on claim that bilateral osteoarthritis of the hips was due to accidental bodily injuries, rather than sickness)
  • Transamerica Occidental Life Ins. Co. v. Miles, 317 F. Supp. 2d 1373 (N.D. Ga. 2003), aff'd, 107 Fed. App'x 184 (11th Cir. 2004) (appellate counsel in case addressing whether term life insurance policy went into effect where applicant's health changed after policy was received by agent, but before policy was delivered to applicant)
  • McAfee v. Transamerica Occidental Life Ins. Co., 106 F. Supp. 2d 1331 (N.D. Ga. 2000), aff'd, 252 F.3d 1362 (11th Cir. 2001), cert. denied, 534 U.S. 994 (2001) (appellate counsel in case addressing whether insured's death in shootout with police was covered under accidental death insurance policy)
  • Rotella v. Wood, 147 F.3d 438 (5th Cir. 1998) (appellate counsel in case hinging on accrual, for limitations purposes, of RICO claims), aff'd, 528 U.S. 549 (2000)
  • Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998) (appellate counsel in case addressing whether statutes of limitation applicable to patient's state law claims and 42 U.S.C. § 1983 action against physicians at psychiatric facility were tolled pursuant to Texas statutes or fraudulent concealment doctrine)
  • Schaeffer v. Gulf Coast Regional Blood Center, 10 F.3d 327 (5th Cir. 1994) (appellate counsel in case involving whether Texas wrongful death and survival actions brought by children of recipient of transfusion of blood allegedly contaminated with HIV were barred by statute of limitations)

Experience

  • Cowles & Thompson, P.C., associate in Appellate Section, 1993-2001
  • Legal Writing Instructor, Southern Methodist University School of Law, 1992
  • Clerkship, Fifth District Court of Appeals at Dallas, Briefing Attorney, 1991-93


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Publications

May 2017
ERISA and Life Insurance News, ERISA and Life Insurance News
February 23, 2017
November, 2016
November, 2016
April, 2016
Adverse Tax Impact Not Remediable under ERISA , ERISA and Life Insurance News
April, 2016
September 14, 2015
September 14, 2015
May 12, 2015
Industries
Education
  • The Ohio State University, B.A., cum laude, 1987
  • The Ohio State University College of Law, J.D., 1991
Admissions
  • Georgia, 2001
  • Texas, 1993
  • Georgia Supreme Court
  • Georgia Court of Appeals
  • United States Court of Appeals, Eleventh Circuit, 2001
  • United States Court of Appeals, Fifth Circuit, 1993
  • United States Court of Appeals, Sixth Circuit, 2011
  • United States District Court, Northern District of Georgia, 2001
  • United States District Court, Middle District of Georgia, 2001
  • United States District Court, Southern District of Georgia, 2002
  • United States District Court, Northern District of Texas, 1993
  • United States District Court, Southern District of Texas, 2007
Affiliations
  • American Bar Association
  • Georgia Bar Association
    • Appellate Practice Section
    • Tort & Insurance Law Section
  • Atlanta Bar Association
  • Defense Research Institute
    • Appellate Advocacy Committee
    • Life, Health and Disability Committee
Academic Honors
  • Issue Planning Editor, Ohio State Journal on Dispute Resolution
  • Incongruity in the Seventh Circuit:  Do Federal Courts Have the Authority to Order Summary Jury Trials?, 6 Ohio St. J. on Disp. Res. 131 (1990)
  • Moot Court Advisor
  • American Jurisprudence Award, Legal Writing
DISCLAIMER

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.