The table depicts whether: (1) a party can be indemnified for its own gross negligence; (2) a party can be indemnified for civil fines and penalties; (3) a party can insure for damages assessed because of gross negligence; and (4) a party can insure for civil fines and penalties assessed against it.
This table is not per se specific to any type of liability (e.g., personal injury, death, environmental liability, etc.); however, as noted below, the ability to indemnify or insure for certain liabilities may be limited by statute, public policy, or otherwise in a given jurisdiction. Accordingly, the specific terms of the contractual provision and / or policy, operative facts, and applicable law(s) should be examined in reaching a conclusion regarding enforceability.
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