GAP insurance is very useful if you have financed your car as it offsets the depreciation - especially on high end cars where there is likely to be a big differential. A lot of insurers will also replace new for old in the first year as well without having the GAP cover - of which there are different types as well.
I would have thought by now that most manufacturers would have learned to place the air intake (especially in diesels where this problem is more common and serious) much higher. I am lucky - my last car (Volvo V40) had the intake in the top of the front wing and my Subaru's is at the top of the radiator.
Most manufacturers also put the ECU's and things inside the car behind the dash and high up in the engine bay (for easy access) so this is quite poor really from Mercedes. Unfortunately to take on Mercedes would be very costly and difficult and so I think you are stuck with the insurer's decision.
The twunt in the 4WD coming the other way should have a serious slap for his inconsiderate driving as well.