So.2d 1001 (Miss.1986); State Farm Fire & Casualty Co. v. Simpson, 477 So.2d 242 (Miss.1985). However, a “prerequisite to the award of punitive damages [under such an action] is the determination that the plaintiff is entitled to contractual damages.” McCain, 484 So.2d at 1002, citing Simpson, 477 So.2d at 242. Mississippi has not yet ruled on the precise fact situation before this court, so this federal court is obliged to take an “Erie-guess” as to how the courts of Mississippi would rule on the matter were they confronted with such. Rogers v. Corrosion Products, Inc., 42 F.3d 292, 295 (5th Cir.1995), citing Labiche v. Legal Sec. Life Ins. Co., 31 F.3d 350, 352 (5th Cir.1994); and Transcontinental Gas Pipe Line Corp. v. Transportation Insurance Co., 953 F.2d 985, 988 (5th Cir.1992) (<HOLDING>). This court is persuaded that the applicable
holding that federal courts must accept the decision of the states highest court even if it is an erroneous one holding that when applying state law this court follows the decision of the highest state court or in the absence of such a decision and any indication that the highest court would rule differently the decisions of the states intermediate courts holding that a federal court in absence of a state supreme court pronouncement on a subject of state substantive law must determine as best it can what the highest court of the state would decide holding that when there is no ruling by the states highest court it is the duty of the federal court to determine as best it can what the highest court of the state would decide holding that when applying state law a federal court is bound to follow the highest court in the state