What is the relationship between a sole proprietor and a sole proprietorship?

[rngetter]

James Ferguson operates "Jim's 11-E Auto Sales" in Jonesborough, Tennessee, as a sole proprietorship. In 1999, Consumers Insurance Co. issued a policy to "Jim Ferguson, Jim's 11E Auto Sales" covering "Owned 'Autos' Onl." Auto was defined to include "a land motor vehicle," which was not further explained in the policy. Coverage extended to damages 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. n October 2001, while driving 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 driving 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? [Ferguson v. Jenkins, 204 S.W.3d 779 (Tenn.App. 2006)]

[maxjlone]

I think that should be pretty obvious as the court held for Ferguson and against Consumers and awarded damages to Ferguson. (The loss of pre-judgment interest on the award on appeal, over and above the policy limits, is irrelevant to the case as far as how it relates to the relationship between the proprietor and the proprietorship.) In short, there is no difference between the proprietor and the proprietorship. That's obvious even in the name of the insured as shown on the policy -- both the proprietor's name and the name of the business. A sole proprietorship is not a separate legal entity from the individual. Therefore the court correctly ruled that the insurance company was liable under the uninsured/under-insured coverage of the policy.
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