British Columbia’s statutory automobile insurance is the primary insurance for damage to property resulting from an automobile accident. Where the damage results from the abandonment of a trailer truck’s cargo after an accident, ICBC is liable only for the costs of removing the cargo when a legal obligation is imposed upon the driver to remove the cargo from the accident site. A legal obligation to remove the cargo may arise despite the fact that an actual order to remove the cargo by a regulatory authority has not been made.
21. September 2004 0
Westside Transport Inc. v. Continental Insurance Co.,  B.C.J. No. 1971, British Columbia Supreme Court