​Edna S. Kersting (Partner-Chicago, IL) successfully moved to dismiss a lawsuit on the basis of claim splitting, in the United States District Court, District of Kansas. The plaintiff sued the firm's insurer client and his financial adviser in 2019 for breach of contract and fraudulent misrepresentation in connection with the purchase of an individual disability policy and our client's termination of plaintiff's benefits. A few days before the close of discovery, plaintiff disclosed catastrophic disability benefits as also being at issue despite the complaint not containing any reference to same. Edna successfully challenged the inclusion of this claim and the plaintiff then filed a second lawsuit, asserting the same claims with the addition of a prayer for catastrophic disability benefits. Edna moved to dismiss the lawsuit on the basis of claim splitting and issue preclusion; the court agreed with this position.