First of all, the engine won't fail from using a grade or two higher KV100. Millions of cars are doing it, and how many dead engines from doing that have you seen reported? Based on what I know of lubrication and how viscosity behaves in an engine I think they'd be hard to prove it was thicker oil that caused the problem. I'd ask them to show me controlled studies that prove that higher KV100 damages engines, and I'd show every study that shows less wear from higher viscosity. Besides, you'd have to be fool like running a too thin oil in a track use scenario to get an engine to be very damaged or fail. And car makers don't warranty cars used for track days. The cause of engine damage is otherwise going to be lack of oil supply volume and therefore lack of lubrication. A car manufacture would probably try to blame the oil when actually the oil pump failed, lol.
I doesn't actually say the words "engine damage may result with the wrong viscosity" ... that's what you are inferring from a general statement. They are simply making a CYA statement that if the "recommended" oil is not used, then warranty can be denied. They could be referring to the API spec more than the viscosity. it pretty nebulous because they "recommend" a viscosity. If they are were that stingint about warrantly they should say something like: "0W-20 is required".
Lots of the info I've posted in this thread shows the benefits of higher KV100/HTHS viscosity. All moving parts create more MOFT with higher viscosity. More MOFT gives more wear protection ... nothing changes that. And obviously some engine makers have learned that first hand and therefore increased the recommend oil viscosity.