I agree completely, this is probably a defect and should be covered under warranty. I have not read of a single issue such as this in seven years on Bimmerfest and as you point out you even have a neighborhood with a like car in like conditions that does not experience this issue. Given the circumstances I would consider the onus to be on BMW to prove it is not a defect if they are going to refuse to cover it.
Tell the dealer you want them to initiate a PUMA case to BMWNA and you want a BMWNA field engineer to assess the situation with your car.
Present - '06 E90 330i sport; Past - '04 E46 ZHP, '00 E46 328i
www.bmwcca.org member #388003 - Use me as a referral & you could win a one day ///M Driving School!!
Last edited by tturedraider; 12-03-2012 at 08:07 PM.