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If this is a design flaw (which it likely is) it shoudl be easy to show that it is occuring at a much higher rate than normal only in this vehicle. There are so many sunroofs out there on different cars that if flying rocks were a common cause of sun roof shattering, then they should shatter at the same rate on all cars not more common on e90 BMWs.
Just to add proof to your fight with BMW call around some glass shops and see if they would be willing to give you some count of sunroofs replaced by vehicle make. See if there is a statistically significant higher number of e90s than other makes.
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