In Dempster v. Stein Mart, Inc., Lucas App. No. L-01-1335, 2002 Ohio 2634, the plaintiff was the injured party, not a subrogated carrier, and the defendant was the company insured by the policy of insurance that contained the medical payments coverage, not the company's insurer. Most importantly, the plaintiff in Dempster had been involved in discussions with the store owner's claims representative, who had advised the plaintiff in writing of the existence of the medical payments coverage and offered to pay her medical expenses up to the policy limit, but failed to advise her of the one year limitation period.