Transamerica Insurance Group v. Stephen George Beem and Wife, Joan Beem, Transamerica Insurance Group v. William Douglas Booth

I respectfully dissent. Whatever may be the law of other jurisdictions, I am unpersuaded that the insurance company is es-topped from asserting its defense based on the effect of lack of notice under Tennessee law. Since there are no state decisions dealing with the subject, it is our duty to decide what rule the Supreme Court of Tennessee would reach if faced with the issue. Under Erie Railroad Co. v. Tompkins, 304 U.S. 64, 54 S.Ct. 817, 82 L.Ed. 188 (1938), and its progeny, we cannot simply *668substitute the majority rule or what we consider to be the more desirable law. Moreover, our circuit…