(a)  Each licensee shall maintain a resident agent in this state who shall have authority to endorse insurance claim checks on behalf of the licensee.

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(b)  A licensee that has not and will not be included as a loss payee on any insurance policy may be exempted from the provisions of subsection (a) of this section and § 5-38-26 and § 27-5-3.3. An applicant that wishes to obtain an exemption must clearly state in its business plan that it is not a loss payee on any insurance policy and must provide the department with a statement that it will not be designated as a loss payee on any insurance policy. A licensee that obtains an exemption should expect that compliance will be evaluated on examination.