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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 life insurance companies for 25 years.

Since 2001, when she moved to Atlanta, Andrea’s practice has been devoted almost exclusively to Life, Health, Disability, and ERISA litigation.  Andrea most often defends insurers in first-party actions to recover benefits and statutory penalties, but she also initiates interpleader actions and declaratory judgment actions to rescind policies. Andrea has represented life insurers in other complex litigation, including claims against former agents for breach of contract and breach of fiduciary duty.   

Before moving to Atlanta, Andrea practiced in Dallas, Texas. There, she was a law clerk for a state court of appeals, a legal writing instructor, and an appellate lawyer at a large insurance defense firm. As an appellate lawyer, Andrea represented insurers in coverage matters, professional liability actions, and other third-party actions. She also provided support to the firm’s trial team, drafting motions, assisting with preservation of error at trial, drafting more than 200 jury charges, and participating in the courts’ jury charge conferences.  Andrea continues to practice in state and federal appellate courts.

Andrea and her family recently moved to Greenville, South Carolina. She is not yet admitted to practice in South Carolina.   

Experience

Representative Work

  • Webb v. Liberty Life Assurance Co. of Boston, 2016 WL 3087455 (N.D. Ga. June 1, 2016), vacated and remanded, 629 F. App’x 603 (11th Cir. May 25, 2017), on remand, 2017 WL 3335755 (N.D. Ga. Aug. 4, 2017) (ERISA action involving enforceability of one-year contractual limitation provision and reasonableness of beneficiary’s reliance on typographical error in denial letter relating to company’s review of claim)
  • Nefsky v. Unum Life Ins. Co. Of Am., 2017 WL 621269 (N.D. Ga. Feb. 15, 2017) (summary judgment case construing lifetime sickness benefit rider to determine whether impaired vision in one eye caused dealer of watches, jewelry, and silverware to be totally disabled), reconsideration denied, 2017 WL 3700305 (N.D. Ga. Aug. 28, 2017)
  • Silverman v. Unum Life Ins. Co. Of Am., 2016 WL 6211728 (N.D. Ga. July 12, 2016) (summary judgment case construing lifetime accident benefit rider to determine whether insured, who was totally disabled by sickness, could nonetheless become totally disabled under lifetime accident benefit rider due to subsequent injury)
  • 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., 2013 WL 12098797 (M.D. Ga. Dec. 20, 2013), aff’d, 577 F. App’x 929 (11th Cir. Aug. 18, 2014) (dismissal of complaint and subsequent appeal involving appellate court's jurisdiction and abandonment of challenges to district court's order)
  • Birdette v. Saxon Mortgage, 2012 WL 6621461 (11th Cir. Dec. 20, 2012) (appeal involving abandonment of alleged errors pertaining to dismissal of complaint and whether order of dismissal constituted an abuse of district court's discretion) reh’g denied, 352 F. App’x 293 (11th Cir. Aug. 19, 2009),  cert. denied, 560 U.S. 965 (2013)  
  • Kirkland v. Guardian Life Ins. Co. of Am., 2009 WL 2514100 (11th Cir. Aug. 19, 2009) (appeal 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), reh’g denied, 400 F. App’x 551 (11th Cir. Oct. 20, 2009), 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) (appeal 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)(appeal involving coverage under accidental death insurance policy where insured died in shootout with police), cert. denied, 534 U.S. 994 (2001)
  • Rotella v. Wood, 147 F.3d 438 (5th Cir. 1998) (appeal involving accrual of RICO claims), aff'd, 528 U.S. 549 (2000)
  • Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998) (appeal 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) (appeal 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

  • Smith Moore Leatherwood, LLP, Of Counsel, since May 1, 2007
  • Carter & Ansley, Of Counsel, 2001-May 1, 2007 (merger with Smith Moore)
  • 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

October 2017
ERISA and Life Insurance News, ERISA and Life Insurance News
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

Published Works

  • Georgia chapter, “The Law of Life Insurance, Key Issues in Each State.” Co-author. Defense Research Institute (2017)
  • “Using Standards of Review to Prevail on Appeal.” Co-author. For The Defense, Vol. 59, No. 2 (Feb. 2017).
  • “‘ERISA-fication’ — When Will an Individual Policy be Governed by ERISA as Part of an Employer’s Plan?” Co-author. ERISA Report (December 2016)
  • “Do Healthcare Providers Have Standing to Sue as ERISA Plan Beneficiaries?” Co-author. ERISA Report (August 2015)
Industries
Education
  • The Ohio State University College of Law, J.D., 1991
  • The Ohio State University, B.A., cum laude, 1987
Admissions
  • Georgia, 2001
  • Texas, 1993
  • 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
  • United States Court of Appeals, Fifth Circuit, 1993
  • United States Court of Appeals, Sixth Circuit, 2011
  • United States Court of Appeals, Eleventh Circuit, 2001
Affiliations
  • American Bar Association
    • Litigation Section
    • Tort, Trial and Insurance Practice Section
  • Defense Research Institute
    • Appellate Advocacy Committee
    • Life, Health and Disability Committee
  • Georgia Bar Association
    • Appellate Practice Section
    • Tort & Insurance Law Section
  • Atlanta Bar Association
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
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