ok said..
It said in big print sum insured agreed value $38000* underneath in tiny print it said or market value which ever is the lesser.
So read the fine print and read it twice to be sure you don't stuff up like I did.
It is very unlikely that the wording read exactly as you note above. It may have said: Sum Insured $38,000 or Market Value, Whichever the Lesser.
Remember for a commercial vehicle that you should insure the value less the GST component as this will not be paid in the event of a total loss claim.
I am an insurance broker and I have never once seen a schedule that reads as you note above, although that I am not saying you are definitely incorrect, this may well be the case.
Re insuring for more than Market Value - insurers will only offer Agreed Value within a specified range unless the vehicle has been modified or has accessories and they have agreed to cover at the nominated Agreed Value.