As the author of Austin v. Cox, 492 So.2d 1021 (Ala. 1986), I wish to point out that the parties to that appeal narrowly framed the issue as whether there was an accord and satisfaction, and, more particularly, whether the necessary "meeting of the minds" took place. We held that the issue of intent was improperly resolved on summary judgment.
I agree with the majority opinion's conclusion that Austin could ratify only the action taken by his insurer, and that the release executed by the insurer did not purport to settle the claims that Austin had against Cox.