First off ... did you happen to pay by credit card for some of the purchase ? If so, then the card issuer might have some liability to you under S.75 - but I'll freely admit that I don't really know to what extent.
Failing which, the warranty company ... they WILL be part of an ombudsman schemeand they WILL have an appeals process, so get in writing their reasons for rejecting a claim, and go through the appeals process. Make it very clear that if it goes to deadlock, then you will be going to the ombudsman. You may well find that they fold rather rapidly when they realise that you're not just going to go away. BUT ... you have to go through the appeals process first, and ensure you've jumped through all the hoops. Basically, if it did go as far as the ombudsman stage, you'd be able to say just what you have said here - that 40k is not 'wear and tear' and an engine should last considerably longer than that. I don't see a chance in hell that they would let it go that far though.
Finally, don't mention, to the warranty Co. that you've found that this is a common fault. If you have mentioned it in the past, don't mention it again. They should have priced in additional risk for this engine into their premium. Their failure to do so is not your fault, but don't go giving them levers that they can attempt to pull to get a reduction in their costs.
Finally, if you get a NEW engine, then you may well be making a contribution as part of 'betterment' - but all that should be down in your warranty documents.
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