I'm not sure what "wind noise" means, exactly, so without more specifics, that part is hard to comment on. There is a TSB for whistling coming from the windshield for 2009s, so you might print that out and show your dealer ... I am pretty sure I saw a copy in the TSB forum on this site.
I've had 2 cracks in 2 separate Elements (including my 2009), but both times, I eventually discovered a very small impact mark that was likely road debris that started things rolling. One was between the windshield wiper and body, which is a tiny piece of glass to be hit.
Finally, my dealer does repairs in house (though they wont bill the insurance company directly so that creates a bit more paperwork for me). You might try a different dealer ... ?