If you don't want to return the broken case you should be able to work around the issue by adding video=HDMI-A-1:D to cmdline.txt (after "quiet", on the same line) or runing getedid create with the TV connected directly to the RPi on HDMI0.
I have tried the additionof video=HDMI-A-1:D to the command line, and it kind of works: Switching on the Kodi-RP first and then switching on the TV works most of the times. Sometimes it helps to switch between inputs on the TV.
What never works: Switching on the TV and device on the same time or switching on the TV first.
It is some sort of timing issue on the kodi startup that prevents working correctly.
And again: Absolutly no issues with 10.0.0 and this setup. There is something broken since 10.0.1