Mine rested against the oil cooler at installation time, but I followed the installation instructions provided by Brock, supported the cooler and bent it out of the way and gave it the 1/16" clearance called for. All Hindles fit tight, in my experience.. they are known for this and have been since the get-go.
I can tell you, I have never installed a pipe before (I'm not ashamed to say), and if I can do it, then others shouldn't have a problem. I took my time, scraped a few knuckles, but in the end it worked out!
As for the heat.. I have the CF muffler.. I rode for 45 minutes down the highway, stopped and got off, and I could wrap my hands around the muffler - it was warm, but not hot.. So I have to believe Brock when he says he's never had a failure.