Case Problem:
James Ferguson operates “11-E Auto Sales” in Jonesborough, Tennessee as a sole proprietorship. In 1999, Consumer Finance Co. issued a policy to “Jim Ferguson, Jim 11-E Auto Sales” covering “Owned Autos Only.” Auto was defined to include “a land motor vehicle” which was not further explained in the policy. Coverage extended to damage caused by the owner or driver of an underinsured motor vehicle. In 2000, Ferguson bought and titled in his own name a 1976 Harley-Davidson motorcycle, intending to repair and sell the cycle through his dealership. In October 2001, while riding the motorcycle, Ferguson was struck by an auto driven by John Jenkins. Ferguson filed a suit in a Tennessee state court against Jenkins, who was underinsured with respect to Ferguson’s medical bills, and Consumers. The insurer argued, among other things, that because the motorcycle was bought and titled in Ferguson’s own name, and he was riding it at the time of the accident, it was his personal vehicle and thus was not covered under the dealership’s policy. What is the relationship between a sole proprietor and a sole proprietorship? How might this status affect the court’s decision in this case?
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.