I think they would probably consider that as "wear & tear". Good news that it's a relatively cheap fix-- Wal-mart or your local auto store should sell a headlight restoration kit for about ~$20 and is essentially just fine grit sandpaper + plastic polish.

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2012 BMW X5 xDrive35d
Alpine White | Sand Beige Nappa w/ Leather Dashboard | Light Poplar | Premium Pkg | Sport Pkg | Premium Audio Pkg | Tech Pkg w/ HUD | Multi-Contour Seats | Heated Seats | 20" Wheels | Soft-close Doors | Running Boards | Spare