dissenting: What divides this panel is a difference in interpretation of the holding in Allied Mut. Ins. Co. v. Gordon, 248 Kan. 715, 811 P.2d 1112 (1991). In applying the Allied calculation method to this case, the majority stated:
“The calculation method applied in determining the underinsured motorist payments in Allied is applicable in this case. For Morris’ liability, State Farm must pay the difference between the Staffords’ underinsured motorist coverage limit of $50,000 and Morris’ liability limit of $25,000, producing a payment of $25,000. *229The same calculation applies to Hight’s liability. These two underinsured motorist payments of $25,000 each total $50,000.”
Under the majority’s calculation method, underinsured motorist coverage would fluctuate, depending on the number of tortfeasor drivers involved in an accident. For example, in the above calculation, the Staffords’ underinsured motorist coverage increased because two tortfeasor drivers were involved in the accident. On the other hand, if only one tortfeasor driver, with minimum liability limits of $25,000, was involved in the death of their son, the Staffords could only collect $25,000 from their carrier’s underinsured motorist coverage. As a result, I do not believe that Allied allows the Staffords to collect twice from their carrier’s underinsured motorist coverage.
To support my position, K.S.A. 40-284(d) prohibits the stacking of underinsured motorist coverages. Moreover in, Eidemiller v. State Farm Mut. Auto. Ins. Co., 261 Kan. 711, 721, 933 P.2d 748 (1997), our Supreme Court determined that the failure to include an anti-stacking provision in a policy does not constitute a waiver of statutory prohibition against stacking. K.S.A. 40-284(d) and Eidemiller clearly state that although an insured may have access to multiple coverages, the insured can only collect once. This rule is applicable even when the insured’s loss is not fully compensated.
Nevertheless, the majority’s holding would allow underinsured motorists to do indirectly what they cannot do directly — stacking underinsured motorist coverages. To accomplish this modified form of stacking, the underinsured motorists would have to be involved in an accident with two or more tortfeasor drivers and would have to have underinsured motorist coverage and damages exceeding the liability coverage of each of the tortfeasors. I believe this method of allowing additional underinsured motorist coverage in these situations is wrong and not supported by K.S.A. 40-284(b).
As a result, I would limit the Staffords to collecting only once under their underinsured motorist coverage. I realize the position I take seems harsh. Nevertheless, because stacking of underinsured motorist coverages is prohibited by our legislature, insureds could protect themselves from incurring a loss exceeding their current *230policy limits by purchasing additional underinsured motorist insurance. Finally, I realize that no amount of insurance coverage could compensate the Staffords for the unfortunate loss of their son.