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| Notification of the China Insurance Regulatory Commission on Model Cases regarding Infringement upon the Lawful Rights and Interests of Consumers | | 中国保监会关于侵害保险消费者合法权益典型案例的通报 |
| (No. 213 [2014] of the China Insurance Regulatory Commission) | | （保监消保〔2014〕213号） |
| All local offices of the China Insurance Regulatory Commission (“CIRC”); the Insurance Association of China; all insurance companies; and all insurance intermediaries: | | 各保监局、中国保险行业协会、各保险公司、各保险中介机构： |
| To implement the spirit of the Opinions of the China Insurance Regulatory Commission on Strengthening the Work of Safeguarding the Lawful Rights and Interests of Insurance Consumers (No. 89 [2014], CIRC), enhance the transparency of the supervision work, and effectively safeguard the lawful rights and interests of consumers, you are hereby notified of the model cases regarding infringement upon the lawful rights and interests of consumers as investigated in the last two years as follows: | | 为贯彻落实《中国保监会关于加强保险消费者权益保护工作的意见》（保监发〔2014〕89号）精神，增强监管工作透明度，切实保护消费者合法权益，现将近两年查处的侵害保险消费者合法权益典型案例通报如下： |
| I. False publicity by an insurance company by means of product presentation | | 一、 |
| In September 2013, the Henan Bureau of the CIRC received complaints from insurance consumers, who reflected that since August 2013, Linzhou Sub-branch of China Life Insurance Co., Ltd. has held multiple wealth upgrading meetings and sold an annuity insurance product to clients, and there was misleading publicity in both the presentation contents and the publicity materials used. It was found upon investigation that the sales persons of Linzhou Sub-branch used leaflets that were inconsistent with interest demonstration data in the system of the headquarters. On the product presentation, the managers and lecturer alleged that the upgrading activities were carried out within a time limit and with limited product volume, participants, and quota; however, neither the headquarters nor the Heinan Branch of China Life Insurance Co., Ltd. specified the corresponding restrictions on or requirements for the time limit and quota of the product. The lecturer alleged on the product presentation that the product was exempted from all costs; however, it was prescribed in the clause that when an insurance holder applied for partial withdrawal of his or her personal account value, some commission charges incurred from such withdrawn should be deducted in the first five policy years. It was publicized in both the PowerPoint courseware used by the lecturer on the product presentation and the display rack put in the business hall that the product exclusively “enjoyed a policy loan interest rate of 5.6%, which was reduced from the original 6.56%.” In fact, the headquarters of China Life Insurance Co., Ltd. has uniformly reduced the policy loan interest rate of all products to 5.6% and such policy loan interest rate was not exclusively enjoyed by this product and it was irrelevant to product upgrading. Considering that Linzhou Sub-branch of China Life Insurance Co., Ltd. conducted false publicity of this annuity insurance product and its sales persons used illegal product leaflets as tools for conducting business, the Heinan Bureau of the CIRC imposed a fine of 50,000 yuan on Linzhou Sub-branch of China Life Insurance Co., Ltd.; ordered Linzhou Sub-Branch to make corrections; gave a warning to the manager of Linzhou Sub-branch and imposed a fine of 10,000 yuan on him; gave a warning to the deputy manager of Linzhou Sub-branch and imposed a fine of 20,000 yuan on him; gave a warning to the manager of the Department of Personal Insurance of Linzhou Sub-branch and imposed a fine of 20,000 yuan on him; and gave a warning to the training lecturer of Linzhou Sub-branch and imposed a fine of 10,000 yuan on him. | | 2013年9月，河南保监局接到保险消费者投诉，反映2013年8月以来，中国人寿林州支公司召开多场财富升级会，向客户销售一款年金保险产品，讲解的内容及使用的宣传资料存在误导宣传。调查发现，该公司业务员使用与总公司系统利益演示数据不一致的宣传页，该公司经理及讲师在产品说明会上宣称升级活动限时、限量、限人、限额，而中国人寿总公司及河南省分公司均未对该产品的时间和额度等作出相应限制或要求。讲师在产品说明会上宣称该产品免收一切费用，但条款上规定，投保人申请部分领取个人账户价值时，在保单年度的前五年中需扣除部分领取手续费。讲师在产品说明会上使用的PPT课件及摆放在营业大厅的展架，均宣传该产品独有“保单借款利息由原来的6.56%下调为5.6%”。事实上，中国人寿总公司已将所有产品的保单借款利率统一下调为5.6%，并非该产品独有，与产品升级也没有任何联系。鉴于中国人寿林州支公司对该款年金保险产品进行了虚假宣传，并且使用了违规产品宣传页作为业务员展业工具，河南保监局对中国人寿林州支公司罚款5万元、责令改正，对该公司经理警告并罚款1万元，对该公司副经理警告并罚款2万元，对该公司个险部经理警告并罚款2万元，对该公司培训讲师警告并罚款1万元。 |
| II. Use of illegal publicity materials through bank insurance channels | | 二、银保渠道使用违规宣传材料 |
In January 2014, the Liaoning Bureau of the CIRC received complaints from insurance consumers, who reflected that there was illegal publicity when Hemu Road Sub-branch of Shenyang Branch of Industrial and Commercial Bank of China (“ICBC”) acted as an intermediary of Liaoning Branch of Sino Life Insurance Co., Ltd. It was found upon investigation that self-prepared publicity materials were put in the workplace of Hemu Road Sub-branch of Shenyang Branch of ICBC and there were display boards and setups of insurance products with misleading publicity contents. It was verified that there were such expressions that confused bank products and insurance products as “depositing 10,000 yuan each year,” “withdrawing,” and “principal and interest” in relevant illegal publicity materials and there was such written commitment that the annual interest rate of the insurance product was no less than 4.4% in some publicity materials (the minimum guaranteed interest rate of this universal insurance product was 2.5% and the annual interest rate above the minimum guaranteed interest rate was uncertain); the relevant illegal publicity materials were prepared by Zhou, an employee of Liaoning Branch of Sino Life Insurance Co., Ltd. and the relevant person in charge of the Branch surnamed Yan knew that Zhou prepared and used such illegal publicity materials, but he failed to handle, report, and effectively prohibit such illegal activity as required; and Hemu Road Sub-branch of Shenyang Branch of ICBC, as an insurance agency, used illegal publicity materials in the sales process. For the aforesaid issues, the Liaoning Bureau of the CIRC imposed a fine of 100,000 yuan on Liaoning Branch of Sino Life Insurance Co., Ltd., gave a warning to liable persons surnamed Zhou and Yan and imposed a fine of 20,000 yuan on each person, and imposed a fine of 100,000 yuan on Hemu Road Sub-branch of Shenyang Branch of ICBC.
．．．．．． | | 2014年1月，辽宁保监局接到保险消费者投诉，反映工商银行沈阳和睦路支行在代理生命人寿辽宁分公司业务时存在违规宣传问题。调查发现，工商银行沈阳和睦路支行职场内摆放自制宣传资料，以及带有误导性内容的保险产品宣传展板和摆台。经核实，相关违规宣传资料存在“每年存一万”“支取”“本息”等混淆银行产品和保险产品的表述，且部分宣传资料载有保险产品年化利率不低于4.4%的书面承诺（该款万能型保险产品最低保证利率为2.5%，最低保证利率之上部分是不确定的）；相关违规宣传资料系由生命人寿辽宁分公司员工周某自行制作，但生命人寿辽宁分公司相关负责人闫某知晓周某存在制作和使用违规宣传资料问题，却未按规定处理、上报和有效制止该违法行为；作为保险代理机构，工商银行沈阳和睦路支行在销售过程中，存在使用违规宣传材料行为。针对上述问题，辽宁保监局对生命人寿辽宁分公司罚款10万元，对责任人周某和闫某分别警告并罚款2万元，对工商银行沈阳和睦路支行罚款10万元。
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