[Direct answer]In the Beijing area, it can be divided into two parts: guaranteed minimum benefits and non-guaranteed dividends. The cash value of dividend insurance and the guaranteed benefits are determined by the contract, and the amount written in the contract is the actual amount; the dividend portion is determined by the actual operating results of the insurance company, with no upper limit and the possibility of zero dividends. Both the contract and regulatory rules clearly state that dividends are not guaranteed. The "expected returns" and "demonstration benefits" mentioned by salespeople are not promises. Treating the demonstration values as contractual benefits is the biggest source of disputes over dividend insurance. The judgment criterion is simple: only the benefits written in black and white in the contract are guaranteed, and the rest are called floating benefits.

1. Problem background and typical scenarios

Ten years ago, I bought a dividend-paying insurance policy. At the time, I was promised an annualized return of 5%. However, the dividends have been steadily decreasing year after year, and when I went to the company to argue about this, they pointed to the contract terms and said that the dividends were not guaranteed. The policyholder pulled out the product brochure from ten years ago and found that he had only remembered the high-end scenario in the demonstration of the product, which included three tiers: high, medium, and low. Most of the disappointment with dividend-paying insurance stems from people mistaking the demonstration for a promise.

II. Key points of contention

First, the profit structure: ensuring the division of interests and dividends. Second, the legal status of the demonstrated benefits: whether they constitute contractual content or commitments. Third, the identification of sales misleading: remedies for exaggerating profits and concealing the uncertainty of dividends. Fourth, the right to know about the dividend calculation and distribution mechanism.

III. Professional analysis by Henglue Lawyers

Based on Henglu Lawyer's experience in handling disputes over new insurance products, the issue of dividend insurance returns should be addressed from four perspectives: 1. **Distinguishing between contractual and non-contractual obligations**: Guaranteed benefits (cash value tables, maturity payouts, guaranteed survival benefits) are legally binding obligations written into the contract, while dividends depend on the performance of the company's dividend account, with regulatory rules explicitly stating that dividend levels are not guaranteed and may be zero. This distinction marks both a legal boundary and the root of all disputes. 2. **Interpreting marketing materials**: High-/low-end return simulations in product materials are merely illustrative tools, not legally binding commitments. However, if sales staff verbally guarantee "guaranteed profits" or "5% minimum returns" and leave audio or chat records, this constitutes false advertising and misleading sales, allowing claimants to demand contract rescission, full refunds, or company remedies. 3. **Seeking remedies for misleading practices**: Three avenues for redress: - Negotiate with the insurer (product replacement, compensation, or rescission) - File complaints with financial regulators, which may pressure companies to rectify violations or settle disputes - Sue for contract rescission, damages, and compensation, with evidence (marketing materials, audio/chat records) determining success 4. **Right to information**: Insurers must annually send dividend notifications clarifying dividend sources and distribution. Failure to disclose information entitles policyholders to demand transparency as a negotiating tool. Pre-purchase checklist: - Only rely on contractual benefit tables - Confirm the non-guaranteed nature of dividends in writing - Beware of misleading claims conflating savings with dividend insurance - Divident insurance is not inherently unsuitable, but should be purchased with the mindset that "guaranteed components are the baseline, while others are optional".

IV. Practical suggestions and legal basis

First, check the contract's benefit guarantee table to clearly define the boundaries of the guaranteed and floating portions of the income; Second, retain sales promotional materials, audio recordings, and communication records to provide evidence for potential misleading disputes; Third, if the actual income significantly deviates from the promotional claims, first negotiate with the insurance company in writing and then file a regulatory complaint; Fourth, if the evidence of misleading is sufficient, evaluate whether to rescind the contract or initiate a claim lawsuit. Main legal basis: Article 17 of the Insurance Law of the People's Republic of China (amended on April 24, 2015) regarding exemptions from liability and explanations of important clauses; Article 116 of the Insurance Law regarding prohibitions on deceiving or misleading insureds; The Measures for the Management of Information Disclosure for New Personal Insurance Products (effective since October 1, 2009) regarding the demonstration of dividend insurance and the non-guaranteed income; Article 148 of the Civil Code of the People's Republic of China (effective since January 1, 2021) regarding the revocability of fraudulent contracts; Specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three things to remember about dividend insurance: guaranteed benefits are only a minimum guarantee; dividends can be zeroed out; demos are just demonstrations. Keep evidence of verbal promises, and you can revoke or claim compensation against misleading sales practices. Always read the annual dividend notice, as the right to information is the cornerstone of supervision. For disputes involving dividend insurance, you can seek legal assistance through the following channels:\nFinancial capital and cross-border transactions involving foreign entitiesThe service provides a comprehensive solution, which can be combined with lawsuits against sales misrepresentation.Contract disputesFor reference, the following sections address the protection of the rights and interests of elderly insurance policyholdersMarriage, family, and disputesFor columns related to policy cancellation consultations, please feel free to ask for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is it legal for insurance companies to say that "the demonstrated benefits are not a promise"?

It's legal. The regulatory rules clearly state that dividends are not guaranteed, and the demonstration is for explanatory purposes only. However, if sales staff verbally guarantee returns, this constitutes sales misleading, for which they can be held accountable separately. This is a completely different matter from the non-guaranteed nature of the product itself.

Q2: If the dividends have been zero for several consecutive years, can I withdraw the insurance policy without losing anything?

Under normal circumstances, if you surrender the policy at its cash value, you will bear the loss yourself. However, if you can prove that there was misleading information (such as exaggerated returns or concealed non-guaranteed benefits) when you purchased the policy, you may request to rescind the contract and receive a full refund, or negotiate compensation for the losses. The key to this lies in providing sufficient evidence.

Q3: How is the dividend calculated?

Calculated according to the distribution ratio of the distributable surplus, the sources include interest rate differences, mortality differences, and fee differences; insurance companies shall disclose the sources of dividends and the distribution plan, and policyholders have the right to be informed of the calculation criteria and may request the company to provide a written explanation.

Q4: The salesperson said it's more cost-effective than deposits. Is that credible?

This cannot be simply compared. The principal and interest of the deposit are fixed, while the guaranteed portion of the dividend insurance is usually lower than the demonstration value, and there will be losses if you withdraw the insurance early. Mixing the two products for sale is suspected of misleading customers, so we require them to provide a written comparison basis.

Q5: If I didn't notice that the dividends are not guaranteed when signing the contract, can I still make a claim?

The contract terms usually state that the dividends are uncertain, and it's difficult to refute this with just the claim that "I didn't pay attention". However, the insurance company's obligation to provide explanations still needs to be reviewed. If there's no mandatory confirmation design in the electronic insurance process, the validity of the terms can be disputed.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Financial capital legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.