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.
"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." -- Geo. Orwell
2006 330i Sonora w/ ActiveAutoWerke flash tune :-)
2004 330i ZHP Imola/NB - missed
2000 328i TiAg - gone but not forgotten
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Last edited by tturedraider; 12-03-2012 at 08:07 PM.